Ireland, Luxembourg Add Guidance On COVID-19 And GDPR

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Luxembourg

Employers should NOT:

  • require that employees communicate to them daily a statement of their body temperature or fill out medical sheets or questionnaires
  • have visitors or other external persons sign a declaration by which they certify that they have no symptoms of the coronavirus or that they have not recently traveled to a risk zone, etc.

Employers SHOULD:

  • invite employees/agents to provide information in connection with a possible exposure to them or to the competent health authorities
  • facilitate the transmission of information by setting up, if necessary, dedicated channels to guarantee data security and confidentiality
  • promote remote working methods and encourage the use of occupational medicine

Ireland

From the Irish Data Protection Commission:

  • Data protection law does not stand in the way of the provision of healthcare or management of public health
  • Measures taken in response to Coronavirus involving the use of personal data, should be necessary and proportionate and informed by the guidance of relevant authorities.
  • You may process  health data, under art 9(2)(i) GDPR once suitable safeguards are implemented (e.g access limitation, strict time limits for erasure, adequate staff training)
  • Employers have a legal obligation to protect their employees. Data may be processed under 9(2) GDPR where necessary and proportionate.
  • You may process personal data to protect the vital interests of an individual where necessary – e.g incapable of giving their consent.
  • An employer should not disclose that an employee has the virus to their colleagues. Instead, inform staff that there has been a case in the organization and request that employees work from home.
  • Principles of transparency, confidentiality, security, data minimization and accountability apply.

Read the full text of Luxembourg’s guideance. 

Read the Irish Data Protection Commission’s guidance.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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