Privacy Law During COVID-19: What You Need To Know When Monitoring Employee Health
Executive Summary
To support COVID-19 infection control, employers are putting in place new strategies to capture data on employee health and travel activities outside of work. Firms rolling out these programmes need to better understand what data they are allowed to capture and share under local privacy, data protection and employment laws. This report provides corporate executives with an introductory guide to managing employee health data in line with regulations across China, Europe and the US. The report considers regulations such as the Americans with Disabilities Act (ADA) and Health Insurance Portability and Accountability Act (HIPAA) in the US and GDPR in the EU. The report also sets out three smart health monitoring strategies that all businesses should consider as part of their COVID-19 response.
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Table of contents
Monitoring Employee Health At Work Creates New Compliance ChallengesEmployee Health Tracking Is On The Rise Following COVID-19
Businesses Are Starting To Capture Data On Visitor Health Before Building Entry
National Governments Are Stepping Up Health Surveillance Of Citizens
How To Monitor Worker Health In Compliance With Data Privacy Law
Businesses In China Have The Strongest Powers To Capture Data On Employee Health
In A Pandemic, Businesses In The US Can Take Employee Temperature, But Should Avoid Naming Staff With COVID-19 Infections
In Europe, Businesses Can Generally Ask Employees If They Have COVID-19 Symptoms
Three Smart Health Monitoring Strategies Businesses Should Consider
Table of figures
Figure 1-1. Laws Impacting Employee Health Monitoring By RegionFigure 1-2. Laws Impacting Employee Health Monitoring By Region
Organisations mentioned
Accushield, Alibaba, Amazon, Appian, Baker McKenzie, Bates Wells, Beijing Municipal Government, Bird & Bird, Centers for Disease Control and Prevention, Central Cyberspace Affairs Commission, Central People’s Government of China, China Daily, Chinese Center for Disease Control and Prevention, Cyberspace Administration of China, Equal Employment Opportunity Commission, Ford, Foxconn, General Motors, Government of Australia, Government of Shanghai, Government of Singapore, Government of South Korea, Government of the United Kingdom, Guangdong Province Administration for Market Regulation, Guangzhou International Finance Center, Italian Data Protection Authority, JD Supra, John Hopkins University, John Radcliffe Hospital, King’s College London, Littler Mendelson, METTIS Aerospace, Micron Technology, Ministry of Employment and Labor, Ministry of Health Singapore, Ministry of Manpower, Morris, Manning & Martin, Norwegian Institute of Public Health, Ocado, Office for Civil Rights, Ogletree Deakins, Oura, Personal Data Protection Commission Singapore, Pillsbury, Rokid, Sprouts Farmers Market, State Council of the People’s Republic of China, The National Law Review, UCSF Medical Center, UK Information Commissioner’s Office, US Department of Health and Human Services, Vanderbilt University, Zuckerberg San Francisco General HospitalAbout the authors
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