What are the data protection implications of holding Covid-19 health data?
The ICO is providing new guidance to organisations regarding data protection and coronavirus, which can be accessed here: https://ico.org.uk/for-organisations/data-protection-and-coronavirus/
Information about the Covid-19 health status of individuals is special category data under the GDPR. This means it is high risk which has implications for how you use it, store it and keep it secure.
You will already hold health data about your employees as this is necessary to provide a safe, accessible place to work and to make reasonable adjustments to the workplace. You now need to make sure that the information you gather about your employees, visitors to your sites, customers and suppliers about Covid-19 is processed in accordance with data protection laws.
Related FAQs
- Yes, and this includes furloughed employees under the Coronavirus Job Retention Scheme.
- Employers must continue to assess their new employees or newly eligible existing employees and enrol them where required, but can make use of the statutory postponement procedure which allows them to delay for up to three months the assessment of new employees for the purpose of enrolment (see further details here on the Pensions Regulator’s website). Declarations of compliance for new employers must still be completed in the normal way.
- Postponement cannot be used for re-enrolment. The Regulator recommends employers use the re-enrolment date tool on the Regulator’s website to choose a date up to three months after the third anniversary of enrolment to assess staff for re-enrolment. Further information about employers’ obligations about reenrolment from the Pensions Regulator can be found here. Re-declarations of compliance for new employers must still be completed in the normal way.
This will depend on the particular facts and the employee’s circumstances but an employee should co-operate with the employer so far as is necessary to enable compliance with any statutory duty or requirement relating to health and safety.
In addition, conduct outside of work can result in an employee’s dismissal if the conduct pertains to the employment relationship. If an employee breaches the lockdown rules and it affects their ability to work, such as it being no longer safe for them to attend work, or the reputation of the employer, these may be grounds for disciplinary action and subsequent dismissal.
If there is a court order then this should be complied with, unless you are unable to do so because the parent with whom the child lives is self-isolating, the other parent is self-isolating or the children are showing symptoms of the virus. If you are unable to comply with the court order, the other parent should be notified immediately in writing and proposals put forward for how they can see and speak to their children by telephone, FaceTime, Zoom or some other method.
If any necessary variations to the arrangements cannot be agreed then you should contact us for legal advice.
It is where the need for a role at a specific site, or the number of people performing a role, has ceased or diminished or the site closes down.
The Government’s Corporate Insolvency and Governance Act introduces amendments to the current rules for companies on holding meetings, to address the difficulties companies are facing due to the Covid-19 pandemic.
The new provisions apply to meetings held between 26 March 2020 and 30 September 2020 (referred to as the “Relevant Period”). Subsequent regulations by the Government can be used to shorten this period or extend by up to 3 months but not past 5 April 2021.
The provisions will have retrospective effect, so meetings that were held after 26 March 2020 that may not have met the usual legal requirements due to lockdown, will be validated under these new provisions. These provisions under the Act make amends to relevant legislation and override a company’s articles of association.
For general meetings and certain other meetings of companies, the Act states that:
- The meeting need not be held in any particular place;
- The meeting may be held, and any votes may be cast, by electronic means or other means;
- The meeting may be held without anyone being in the same place
- Persons attending the meeting no longer have the following rights: the right to attend in person, the right to participate in the meeting other than by voting, or the right to vote by particular means.
The aim of these changes is to facilitate virtual meetings, and remove the need for a physical venue.
Where a company was required to hold its AGM between 26 March and 30 September 2020, it can be held at any time before 30 September 2020. The Secretary of State has the power to make regulations to further extend the deadline.