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As we enter a new phase of living and working with coronavirus, and in light of the Government’s relaxation of restrictions, the Information Commissioner’s Office (ICO) has issued fresh guidance to employers in complying with their data protection obligations, including in relation to vaccination information.
The guidance provides a brief overview of the relevant issues following the relaxation of COVID-19 rules in the UK.
Some of the ICO’s main recommendations for employers include:
Debates about individual freedoms and rights to privacy have been a daily presence on our news and social media channels and have been the subject of complaints and litigation across the world. In addition, employees are increasingly aware of their data rights and of how to use the Data Subject Access Request procedure and the jurisdiction of the ICO. These can be costly, and disruptive, exercises for employers in both financial and reputational terms.
It is sensible from a risk and litigation perspective for employers to check government guidance and review how they use personal data in light of changed COVID-19 rules.
Data protection is only one of a number of aspects to be considered in relation to vaccination information. Employers should also take into account the contractual rights of workers; equality and human rights (including the right to privacy); and health and safety legislation.
If you would like to seek further information about any of the issues raised in this article, please contact our Employment or Legal Technology teams at Cleaver Fulton Rankin.
This article has been produced for general information purposes and further advice should be sought from a professional advisor.
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