Sickness
"What's wrong with you? I want to know the diagnosis."
Your trainer asks what illness you have or wants to see the diagnosis.
§ 5 EntgFG / Art. 9 DSGVO
The boss may NOT do that
No — the diagnosis is none of the company's business.
You only have to tell the company that you are unfit for work and for how long you expect to be (§ 5 EntgFG). You do not have to name the diagnosis — which is why it does not appear on the employer's copy or in the eAU it retrieves. Health data are specially protected (Art. 9 GDPR). Exceptions are rare: e.g. contagious diseases that endanger colleagues, when a continuing illness has to be clarified for continued pay (that goes through the health insurer), or in the case of a work accident. Of course you may voluntarily tell whatever you want.
What the law says
§ 5 (1) EntgFG – Notification
The incapacity for work and its expected duration must be reported — not its cause.
Art. 9 (1) GDPR – Health data
Processing of health data is prohibited in principle unless an exception applies.
What you can do
- A polite "I'd like to keep that to myself" is enough.
- With contagious illnesses: give a hint to protect colleagues, without details.
- If the illness is work-related (accident, strain), say so — then other rules apply.
- You can report repeated probing to the JAV or works council.