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  • Writer's pictureTransition Law

BREAKING NEWS: Testing Employees for COVID 19 Guidance

The Data Regulator (ICO) has issued new guidance to Employers planning to conduct COVID 19 testing on Employees returning to work.

NB. Employers should note that the advice presupposes they are already compliant in all other areas for GDPR & Data Protection.

If you have any concerns about your compliance get FREE initial advice from GDPR experts at

Here is a precis of the new advice:

1. Testing Workers for COVID will involve Special Category Data

2. Councils and Public Bodies can use Lawful basis of ‘Public Task’.

3. Private Companies can use ‘Legitimate Interest’

4. To demonstrate Accountability a Data Processing Impact Assessment (DPIA) should be considered. (If you decide not to make sure you have a written justification for your choice.)

5. Ensure the data collected is: ‘Adequate, Relevant & Limited’

6. Keep records securely. E.g. Lists of positive tests.

7. Keep staff informed. E.g. Who can know if a colleague is positive.

8. What to do with information staff volunteer to you.

9. Which information can be subject to a Subject Access Request (SAR.)

10. Reference to new SCC/ICO guidelines on CCTV especially if thermal cameras are being used or installed. NB SCC = Surveillance Camera Commissioner

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