We consider the ICO's guidance for organisations conducting
testing of employees and provides practical advice for complying
with data protection law.
As an increasing number of employers return to face-to-face
contact many will, as part of their risk assessment, carry out
testing or undertake other health checks to discover whether their
employees have symptoms of Covid-19. The Information
Commissioner's Office (“ICO”)
has
produced guidance to help organisations comply with data
protection law when doing so.
Why is data protection law relevant?
Employers carrying out Covid-19 testing will process personal
data in receiving employee test results and so must comply with
their obligations under the General Data Protection Regulation
(“GDPR”) when doing so.