Decision reinforces limits on the use of health data and preserves the purpose of the PCMSO

The Regional Labor Court of the 10th Region declared the nullity of Articles 10 and 12 of CFM Resolution No. 2,323/2022, which addressed the role of occupational physicians as technical assistants for employers in administrative and judicial proceedings.

The decision, issued in a Public Civil Action filed by the Labor Public Prosecutor’s Office, has retroactive effect, meaning that the provisions cease to produce effects from their origin.

The court understood that the rules allowed the improper sharing of workers’ medical data and compromised the technical independence of occupational physicians, in addition to creating a potential conflict of interest.

WHAT IS UNDER DISCUSSION

The central point of the decision lies in the purpose of the Occupational Health Medical Control Program.

According to the court, the PCMSO has a preventive and protective nature, aimed at preserving workers’ health.

Using the occupational physician, who operates within this context, to defend the employer’s interests in judicial or administrative disputes distorts this purpose.

In addition, the ruling brought a relevant basis in the General Data Protection Law by reinforcing that health data is sensitive data and cannot be used for purposes other than those for which it was collected.

RISKS AND IMPLICATIONS FOR COMPANIES

If the decision is definitively upheld, companies will not be able to use occupational physicians linked to the PCMSO as technical assistants in disputes involving causal connection or social security benefits.

The improper use of health data may raise questions from an LGPD perspective, including the risk of liability.

The decision also reinforces the need to clearly separate the functions of occupational health promotion and the production of technical evidence.

There is a direct impact on defense strategies in labor and administrative proceedings.

STRATEGIC RECOMMENDATIONS

It is recommended to structure the work of independent technical assistants with no connection to the occupational care provided to workers.

Companies should map judicial and administrative proceedings that require technical evidence in order to properly plan specialized support.

Reviewing internal workflows for the processing of health data becomes essential, ensuring that access and sharing occur only for compatible purposes.

It is also important to review contracts with clinics and third parties involved in the PCMSO, ensuring compliance with the LGPD.

Even before a final and unappealable decision, the ruling already signals a relevant trend that should be considered in risk management.

INSTITUTIONAL REFLECTION

The decision reinforces a growing movement toward the protection of sensitive data in the workplace and the limitation of the use of this information for purposes other than occupational health.

Companies need to integrate occupational health, data protection, and legal strategy in a coordinated manner.

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