They sue Social Security for “violating the privacy” of women on sick leave due to menstruation or abortion

by time news

2023-12-21 14:16:59

Updated Thursday, December 21, 2023 – 13:16

The Galician Intersyndical Confederation criticizes that this type of leave has an identification code and both the company and the managers can know the reason for it.

The former Minister of Justice, Pilar Llop, with the former Minister of Equality, Irene Montero.Alberto OrtegaEuropa Press

The Galician Inter-Union Confederation (CIG) has denounced Social Security before the Data Protection Agency and before the representative bodies of the INSS, for “violation of data protection” of women when they take advantage of sick leave due to disabling menstruationinterruption (voluntary or not) of pregnancy and term pregnancies.

This was stated this Thursday at a press conference, held at the union’s headquarters in Santiago, by the Confederal Secretary of Mulleres of the CIG, Nicolasa Castro, and the Confederal Secretary of Organization, Susana Mndez.

As they have explained, the Social Security “informs the companies” of the reasons for women’s leave when they occur due to these situations.

The union has been made aware of this circumstance by an affected womanaffiliated with the association, which has discovered that both the company and the management company with which it works “were aware” that it had undergone an abortion.

This “violation” of the data protection regulations and the worker’s right to privacy occurs after the modifications to the law relating to sexual and reproductive health and the voluntary interruption of pregnancy.

These modifications, for Castro, have meant an “important advance”, although “insufficient” for working women and that allowed new rights to be recognized.

Nicolasa Castro has considered it “more serious” that the women who go through these IT situations today “do not know” that their company is aware of these situations and the diagnosis that causes them, since, as she has detailed, it is carried out through an internal notification system that the workers “do not know about” and to which they “cannot access.”

Identification of situations

The INSS, he continued, issued in May of this year aan instruction regarding the FIE system, communication of contingencies to companies, in which these new special situations were included.

In this way, each of them is marked by a code: 01 for IT due to disabling menstruation, 02 for pregnancy interruptions, forced or not, 03 for pregnancies from week 39 of pregnancy and 04 for COVID situations that are not considered a work accident.

In addition, they have added that the Social Security Treasurer issued a RED News bulletin, which includes information about the change in the FIE File that says that “these special situations can be identified by the values ​​01, 02 and 03.” “.

From that point on, if a woman is on sick leave for one of these reasons, the company automatically knows about it. However, if it is due to any other ailment or illness “it is guaranteed” that it cannot be recorded in the IT report and “cannot be known by the company.”

For all these reasons, the CIG has filed a complaint, dated November 19, before the Spanish Data Protection Agency and the INSS bodies in which they have demanded that “this situation be modified and it should stop being exposed” in that way. shapes women.

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