A former Employment and Training Corporation employee is seeking damages from the corporation for having allegedly used confidential health information from a medical insurance application to threaten him with dismissal.
In a judicial protest filed in the First Hall of the Civil Court, David Bajada, claimed that the Data Protection Commissioner had already ruled that what the ETC had done was in breach of the Data Protection Act.
Mr Bajada explained that when he joined the corporation on a definite contract, he was asked by the Human Resources Department to fill in a health insurance application form to be passed on to MiddleSea Insurance.
He was assured that the sealed envelope containing the confidential health information would only be opened by the insurance company. At no point did he give his consent for the envelope being opened by anyone else.
Mr Bajada said that despite not giving his consent, the envelope was opened and the information handled by ETC employees.
He said he had been contacted by corporation employee Maria Bartolo Galea saying she was aware of the contents of the medical insurance application and made reference to a medical condition that he may have suffered from in the past.
Mr Bajada added that the employee pressured him to supply her with more information about this condition and even mentioned, in a passing remark, that he was still on probation. This, he said, was a clear attempt at intimidating him.
He said he was also "forced" to allow the ETC doctor to discuss this case with his personal doctor "to ascertain that he had nothing that could pose a risk to other ETC employees".
"Following a series of emails, lots of pressure and intimidation", Mr Bajada said he had to seek medical attention and take unpaid sick leave.
The ETC did not renew his definite contract.
In his judicial protest, Mr Bajada called on the corporation to pay him damages suffered as a result of this alleged breach of data protection and the actions of its employees.
Lawyer Abigail Critien signed the protest.