Employment
Bosses need to have a close look at what information they have on hand and the reasons why
Companies are exposing themselves legally by holding onto their staff Covid-19 vaccination records without proper justification.
Worker advocate Ashleigh Fechney says she's seeing a lot of employees taking "very harsh legal measures against their employer".
There has been considerable easing of government vaccine mandates this month. Only workers in the health and disability sectors, along with prison, border, and MIQ staff are required to be vaccinated.
Big employers such as Auckland Council have been reviewing the risk assessments that underpin their workplace vaccination policies that require certain roles to be performed by a vaccinated person.
This means workplaces in both the public and private sector will have a record of which staff are vaccinated, but privacy and employment law experts are urging employers to review whether they are justified in continuing to keep this information.
According to the Privacy Act 2020, employers should not keep personal information longer than necessary: “An agency that holds personal information must not keep that information for longer than is required for the purposes for which the information may lawfully be used.”
Louisa Joblin, a privacy law specialist and senior associate at Duncan Cotterill, says these changes mean there will be many organisations that are actually breaking the law by holding onto their staff’s vaccination...
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