Personal Data Authority provides more clarity on corona vs. privacy in the workplace

Previously, I wrote an extensive blog on "Corona vs. Privacy in the Workplace," as I received many questions from employers about the data they are allowed to process from employees related to 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. Meanwhile, the AP has - temporarily - abandoned that strict approach somewhat.

More easing

For example, because of the current corona crisis, it is permissible to send home an employee who has cold or flu symptoms (without an occupational physician looking into it) and an occupational physician may test staff for corona. It remains the case that an employer may not perform those tests itself. In such a test, the company doctor lets the employee know if he has tested positive. The employee is then under no obligation to report that to the employer. However, the company doctor will contact the GGD in case of (a suspicion of) an infected employee.

Furthermore, as an employer, you may - according to the AP - place more responsibility on employees and ask them to keep a close eye on their health (for example, by measuring their own temperatures or visiting a doctor). Of course, this is particularly relevant if employees do not work from home.

This relaxation should work for most employers. Still want to know more or discuss what is wise for you? Feel free to contact us.

Stay up to date on legal implications of coronavirus?

• Go to pvdb.co.uk/corona
• Follow us on LinkedIn