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Guidance for employers on workplace testing
19/05/2020

The Information Commissioner’s Office (ICO) has published guidance for employers on workplace testing during the coronavirus pandemic. It covers the extent to which employers can carry out tests on staff on their return to work to see if they have either coronavirus or symptoms of it.

The guidance makes clear that any testing needs to comply with the GDPR and the Data Protection Act 2018, and that any personal data relating to health is special category data. The topics covered in the guidance include:

  • the lawful basis that can be used for testing employees
  • demonstrating compliance with data protection laws, including the data protection principles
  • data retention
  • data sharing
  • the exercise of data subject rights by staff
  • the data protection considerations where staff have arranged their own tests and disclose the results to their employer
  • the use of on-site temperature checks or thermal cameras for testing or monitoring staff. 

Maidstone Office


The Granary, Hermitage Court Hermitage Lane
Maidstone
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London Office


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305a Goldhawk Road
London Office
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Ashford Office

 
Suite 13 Letraset Building
Wotton Lane  Ashford
Kent
TN23 6FL
 
 

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Membership

Nash Harvey Group LLP is a limited liability partnership registered in England
Reg No: OC376161 | VAT Number: 137 7621 01
Registered to carry on audit work in the UK by the Institute of Chartered Accountants in England and Wales.