Mushroom Queen wrote:
No one has a right to forcefully take down your medical information unless a court say or unless you say so. End of story. They would have to get a court order if so. Thus, you have the right to refuse it, but that doesn't mean that they can't get permission from a judge.
I somehow don't think they'd go to the lengths of a court order.
Ask for justification for the new policy. Explain that there is such a thing as passive smoking and such, and that it is entirely possible that people who do test positive aren't smokers themselves.
If necessary, quote this, from the Universal Declaration of Human Rights:
Article 12 wrote:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Random tests for presence of nicotine
are arbitrary interferences into privacy, therefore performing the tests violates Article 12 of the declaration.