Employers need to tread carefully when it comes to just how much information they disclose to staff about Covid-19 in the workplace or risk breaking GDPR law.
Likewise, bosses who are demanding their employees disclose their vaccination status or implement “no jab, no job” policies must also tread carefully.
That’s the warning from Aberdeen employment law specialist Grant McGregor, based at Burness Paull.
It’s a topic that can spark debate. If someone in the workplace tests positive for Covid, should staff be told their name?
But disclosing the person’s name – without fulfilling a specific set of reasons – is breaking the General Data Protection Regulation (GDPR) law and employers could find themselves facing a criminal prosecution.
Mr McGregor said: “When you’re speaking about somebody’s health data, whether or not they’ve contracted Covid, it’s defined under the law as special category data.
“The law is a lot more prescriptive about when you can collect that sort of data and what you can do with it.”
He said employers may have reason to need to know staff members’ vaccination status, or, if they have contracted the disease, how to manage time working from home or statutory sick pay.
“That’s the key thing when you’re thinking about the disclosure of people’s personal data, particularly sensitive personal data – is it really necessary for us to disclose it?,” he said.
“There can be situations where you need...
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