Managing Employee Privacy in the Face of COVID-19


Suddenly, the world came to an almost complete standstill. What few expected to happen in these modern times of continuous global travel and interconnectedness, did happen after all. COVID-19, or the Coronavirus, has caused governments to close national borders, issue ‘shelter at home’ warnings, and cancel public and private group gatherings and events. Many companies have adopted policies and remote work practices requiring or allowing their employees to work from home in situations where their responsibilities can be managed off-premise. 


At TrustArc, we receive a lot of questions about the privacy implications of the COVID-19 pandemic. What are employers allowed to do to control the spread and mitigate the effects of the virus, and what additional data can they process about their employees? How do employers ensure good data protection and governance practices for employees working from home? In this blog, we address the most common challenges organizations currently face.


Health Data on the Work Floor 


Even in times of crisis (perhaps particularly in times of crisis), the law still applies. This is the case for labour laws, for medical legislation, and also for privacy and data protection laws. Safeguards cannot just be thrown out of the window. That said, in many jurisdictions, the law permits organizations to process additional data to assist public health efforts by keeping employees safe and healthy, provided that certain safeguards and requirements are met. 


Guidance from the Regulators


One frequently asked question by both governments and employers relates to the collection and use of medical data, like body temperature. Earlier this week, the Executive Committee of the Global Privacy Assembly (GPA), a worldwide consortium of privacy and data protection regulators, released a statement on this issue:< ..

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