Return to Work and Data Protection
During these difficult times it is important to consider the health and safety implications of staff members returning to the workplace.
As employers consider the return to work they may be wondering how they can ensure employees’ safety, with an immediate action possibly being enquiring as to whether employees have symptoms of Covid-19 or even the virus itself. There are strict data protection guidelines covering this, but it is possible to take certain steps to ensure safety.
Personal data which relates to health is treated as being particularly sensitive by Data Protection Legislation and therefore must be treated especially carefully:
• If there is a good reason for doing so, employers should be able to process health data about Covid-19
• Employers would need to consider the applicable lawful basis for processing
• Public Authorities carrying out their function will be able to rely on the Public Task basis
• For other public or private organisations, legitimate interest is likely to be the appropriate basis
• Employers will also need to identify the applicable Article 9 condition for processing special category personal data
It is an employer’s duty to ensure the health and safety of their employees; data protection law does not prevent this. Employers should therefore keep staff who are returning to the workplace informed about potential or actual cases of Covid-19.
We can offer advice and guidance on how to ensure health and safety and data protection are considered when planning the return of staff to the workplace and so much more during this difficult time. No matter is too big or too small.