Data Protection Considerations when testing for Covid19

05 October 2020

Data Protection

During the present Covid 19 crisis employers must take special care when handling sensitive personal data about an employee’s health issues.  This will apply to data collected about an employee’s ethnicity and race, sexual orientation, political views and union membership. It will also apply to the employee’s biometric data.

An employer should make a number of careful considerations when processing special category personal data.

There must always be a lawful basis for processing special category information. For employers that will be based on the need to perform the contract of employment and to enable the employer to comply with legal requirements. The employer must remain mindful of balancing legitimate interest and the employees right to privacy and a private life. If an employee is required to have a Covid 19 test the employer must be very careful on how that data is shared and processed.

Privacy Notice

If an employer wants to test employees for Covid 19 they must be ensure that they update their privacy notice. It should made clear to the employee or potential recruit the lawful justification for collecting this data, the method of gathering the data and the purpose it will be used.

GDPR

Employers must have an appropriate policy document which states how the employer complies with the General Data Protection Regulations in relation to limiting the amount of data and the period the data will be kept by the employer. It should also cover the retaining and destruction policies. The appropriate policy document must be kept on file for at least six months after the employer has completed the processing procedure. If the Information Commission investigates the employer they can ask for formal disclosure of the appropriate policy document hence it is important to have a suitable document and to retain it for the relevant time period.

The employer should check their current data protection policy is up to date and fit for purpose. Employers are also advised to carry an audit of special category data to ensure the data is secured stored and processed. Many employers are guilty of not correctly centralising their employee records leaving the company vulnerable to liability under the General Data Protection Regulations.

The employer should carry out a data protection impact assessment where it is essential to process highly confidential special category data. The data protection impact assessment is not required for every processing procedure but should be undertaken where it may likely impact on the rights and freedoms of an employee. This will apply when the employer intends to test employees for Covid 19 and store and process that data.

Should you have any concerns about the above matter please contact Quest for advice and assistance on 01455852028.

 

 

 

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