Análisis jurídico del derecho a la confidencialidad y la obligación del trabajador en comunicar su condición de salud

Abstract

The problem lies in the obligation to disclose information related to workers' health and its impact on the implementation of workplace safety. This research paper analyzes the relationship between medical confidentiality and occupational safety, intending to balance the worker's right to privacy with the employer's obligation to ensure a safe working environment. It examines regional regulations, including the Labor Code, which provides measures for verifying health conditions, and the Organic Law on Personal Data Protection, which focuses on controlling access to the health information of data subjects and how to prevent its disclosure to third parties, also highlighting contradictions in the management of non-occupational illnesses. It is argued that although the worker's medical information is confidential, ignorance of it can affect collective safety and the implementation of preventive measures.