AP less strict on health data because of corona
Date: May 12, 2020
Modified November 14, 2023
Written by: Annemarie van Woudenberg
Reading time: +/- 2 minutes
Date: May 12, 2020
Modified November 14, 2023
Written by: Annemarie van Woudenberg
Reading time: +/- 2 minutes
I previously wrote an extensive blog on Corona vs. Privacy in the Workplace, because I received many questions from employers about the data they are allowed to process from employees in connection with the corona virus. Questions such as "may I note employees' symptoms?" and "may I check employees' temperatures?" often came up.
I explained that the answer to those questions is usually "no" and that the Personal Data Authority (AP) is "tight-lipped" on that topic. As of last month, the AP has - thankfully - abandoned that strict approach somewhat. For example, because of the current corona crisis, it is permissible to send an employee who has cold or flu symptoms home (without a company doctor looking into it) and a company doctor may test staff for corona. It remains the case that an employer may not perform those tests itself. In such a test, the occupational physician lets the employee know if he has tested positive. The employee is then under no obligation to report this to the employer. However, the company doctor will contact the GGD in case of (a suspicion of) an infected employee.
Meanwhile, the AP has also clarified that if measured temperatures are not recorded, the AVG does not apply in principle. This also follows from the AVG itself; after all, the AVG (simply put) only applies insofar as personal data are processed. If it only involves reading the temperature on a thermometer, without (the intention of) storing (passing on, registering) this measurement data and without automatic processing (gates opening, green light), the AVG does not apply. Consider the situation where your employees, visitors or customers only have the ability to measure their own temperature. So maybe this will still provide opportunities for your organization? If we can think with you about this, please know where to find us.
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