The employer has the right to know if his employee has been infected with coronavirus. GDPR legislation must therefore step back.

The employer has the right to know if his employee has been infected with coronavirus. GDPR legislation must therefore step back.
30 Október 2020

The employer has the right to know if his employee has been infected with coronavirus. GDPR legislation must therefore step back.

It is common practice that the employer should not be aware of the health diagnosis of his employee. However, conditions are changing and the coronavirus epidemic has meant that the employer should already be informed if his worker becomes infected.

Medical condition is a sensitive information

In general, health is a sensitive data and has a degree of protection. The GDPR or even the legislation on personal data protection has made this protection even stricter.

In the past, the employer received a medical certificate stating that the worker is unable to work. Nowadays, coronavirus is changing everything.

The crisis situation changes the rules

The employer has the right to know if his employee is infected. Information on the health status of a worker regarding COVID-19 virus infection is precisely specified. The law allows the employer to work with this information in the given circumstances.

The role of the employer is to create a healthy and safe environment in which work is performed. If the employer wants to comply with the law, he can also handle sensitive data, which would normally have special protection.

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