Coronavirus (COVID-19)—employment data protection issues

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Coronavirus (COVID-19)—employment data protection issues
  • ICO guidance
  • ICO’s six key steps
  • Situations giving rise to data processing during the pandemic
  • Complying with GDPR and DPA 2018
  • Lawful and specific processing conditions
  • Testing and temperature checks
  • Contact tracing
  • Data protection issues
  • CCTV and other surveillance
  • More...

Coronavirus (COVID-19)—employment data protection issues

From IP completion day (11pm on 31 December 2020), Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) is retained EU law (see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law) and known as UK GDPR. Together with the parts of the Data Protection Act 2018 that relate to general personal data processing, powers of the Information Commissioner and sanctions and enforcement, as amended, this makes up the UK GDPR regime. This material considers the UK GDPR regime, and legislative links are to Retained Regulation (EU) 2016/679, UK GDPR, except where expressly stated otherwise. For a more detailed introduction to the UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

The coronavirus (COVID-19) pandemic is likely to give rise to situations that will require an employer to process, ie to collect, use and record, personal data and special category data relating to its workforce, in particular data concerning health (health information).

Before processing any such data, the employer will need to consider whether that processing is lawful under Retained Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018).

This Practice Note considers:

  1. the situations likely to give rise to the processing of personal data and special category

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