A question that is increasingly arising for companies in Austria
during the COVID-19 pandemic is whether the identity of an infected
employee in a company may or must be disclosed at the request of
other employees. This could be required in particular if another
employee claims to be immunosuppressed (and therefore at increased
health risk) or to live with someone who is immunosuppressed.
According to Austrian law, an employer, under its duty of care
towards its employees, is generally obliged to inform the staff
about all infections that have occurred in the company, especially
if there is a potential danger of infection for other employees.
Whether the specific identity of the infected person may or even
must be disclosed in order to fulfil the duty of care is examined
on a case-by-case basis and must be assessed based on the details
of the particular situation. Since the employer does not know in
detail which other employees have been in direct contact with
