# Can employers screen staff for mental health conditions?

URL: https://tymirahealth.com/resources/faqs/can-employers-screen-staff-for-mental-health-conditions
For: Executives | Data protection and privacy | Reviewed by Independent clinical reviewer, Registered mental health clinician, Kenya | Last reviewed 8 November 2026

**Answer:** Be cautious. WHO's 2022 guidelines give only a conditional recommendation, based on low-certainty evidence, on screening programmes at work, and stress that screening is only useful if it links to accessible care. Mental health data is sensitive personal data under Kenya's Data Protection Act, so screening needs a clear lawful basis, informed consent, confidentiality from line managers and a DPIA. Many employers instead offer voluntary, confidential self-assessment through a licensed provider.

Sources: World Health Organization: https://www.who.int/publications/i/item/9789240053052 - Kenya Law: https://new.kenyalaw.org/akn/ke/act/2019/24/eng@2022-12-31 - Office of the Data Protection Commissioner: https://d4daccess.eu/sites/default/files/2024-02/ODPC-Guidance-Note-on-Processing-of-Health-Data.pdf

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