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Coronavirus, banned for companies to disclose data from infected workers

What can workers be asked about their health? Can you make it known if one of them has a fever or if it is positive? These are just some of the questions answered by the Privacy Guarantor Antonello Soro on the Authority’s website with Faqs (answers frequently asked questions).

Fever at 37.5

Can employee fever be measured?
Yes, the temperature can be measured but the real-time detection of body temperature, when associated with the identity of the interested party, constitutes a processing of personal data. The recording of the data relating to the detected body temperature is not allowed, but only the recording of the circumstance exceeding the threshold established by law and when necessary the reasons that prevented access to the workplace.

Can fever be measured for customers in offices or shops?
Yes, it is possible to measure the fever for occasional customers and visitors but it is not necessary, if the temperature is above the threshold it is not necessary to record the data relating to the reason for the refusal of access.

Self declarations

Can the company ask the employee to self-certify to say if he has been exposed to the infection?
Yes, because the employee has a specific obligation to report to the employer any situation of danger to health and safety in the workplace and the public employee must report to the administration that he comes (or has had contact with those who come) from an area at risk.

Can the company prohibit access to those at risk?
Yes, access to the workplace can be prevented for those who, in the last 14 days, have had contacts with subjects who have tested positive for Covid-19 or come from risk areas according to WHO indications. On the other hand, it is not possible to request data relating to the person tested positive, the specific locations visited or other details relating to the private sphere.

Contacts of workers

Can the contacts of officials be published on the institutional website to allow the public to book services, services or appointments?
No, the operating instructions require limiting the presence of staff in the offices through, mainly, the use of agile work. For users it is possible to publish only the contact details of the competent organizational units (telephone number and PEC address) and not those of the individual officials in charge of the offices.

Obligation of doctors

Can the competent doctor inform the company about the conditions of the worker?
No, even in an emergency there is still a ban on informing the employer about the specific pathologies that have occurred to workers.

The doctor must report to the employer those specific cases in which he believes that the particular condition of frailty connected also to the employee’s state of health suggests its use in areas less exposed to the risk of infection, but not the specific pathology eventually suffered by the worker.

Can the doctor decide on extraordinary visits for employees?
Yes, the competent doctor can do it as a preventive measure in compliance with the principles of protection of personal data and respecting hygiene measures.

Infected workers

Can the employer communicate the identity of the infected workers to the Workers’ Safety Representative?
No, employers cannot communicate the name of the employee or employees who contracted the virus unless national law permits it.

Can the employer communicate the identity of the infected employees to the health authorities?
Yes, the names of the infected staff must be communicated to the competent health authorities and collaborate with them for the identification of “close contacts” in order to allow the timely activation of prophylaxis measures.

Can the employer disclose the identity of the infected employee to colleagues?
No, it is up to the competent health authorities to inform the “close contacts” of the infected person, in order to activate the envisaged prophylaxis measures. The employer, on the other hand, is required to provide the competent institutions and the health authorities with the necessary information, so that they can perform the tasks and functions also required by the emergency legislation adopted in relation to the aforementioned emergency situation.

May 4, 2020 (change May 4, 2020 | 5:30 pm)

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