The Autoriteit Persoonsgegevens has published four new Q&As on its website about corona in the workplace. Earlier, the Autoriteit Persoonsgegevens announced that employers almost never have the right to register medical data of employees themselves. According to the regulator, this means that employers are not allowed to keep track of where employees have been on vacation. Nor may employers measure and/or record the temperature of employees. With the new questions and answers, regulators appear to be giving employers more leeway during the corona crisis.
Only healthcare employers may check employees for corona during corona crisis. In doing so, the Autoriteit Persoonsgegevens appears to be partially backtracking on its earlier strict approach. In other places, employers are still not allowed to check employees for corona. All employers are required to follow RIVM's guidelines.
From the regulator, employers may require employees to keep a sharp eye on their health. This is especially true if the employee is not working at home. The employee could then check this himself during working hours, for example by taking his or her own temperature.
First, the Autoriteit Persoonsgegevens emphasizes that an employer may not ask an employee about his health or take a test for verification. But the Autoriteit Persoonsgegevens believes that in this exceptional time, employers may require employees to cooperate. Employers may therefore send employees home if they show cold or flu symptoms.
Employers may always ask their employees to contact the company doctor, health and safety service or family doctor for check-ups, the regulator said. If the doctor suspects that the employee has the coronavirus, the doctor will contact the GGD. The GGD will then consult with the employer about possible measures in the workplace.
This article complements the previously published article: The coronavirus and the AVG: privacy in the workplace
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This article can also be found in the files AVG and Coronavirus
