The Information Commissioner’s Office (“ICO”) has published new, detailed guidance which explains an employer’s data protection obligations when they are processing health data concerning their workers. The guidance is aimed at all circumstances where there is an employment relationship, or other relationship between an organisation and a person who performs work for it (regardless of the nature of the contract). Health data is a special category of personal data and is granted enhanced protection under the UK General Data Protection Regulation (“GDPR”).
In summary, the guidance:
James Pitts comments:
This guidance is important for employers, as it provides more certainty as to their data protection obligations towards the individuals carrying out work for it (including employees and workers). This is very important, since health data is some of the most sensitive personal information employers will handle. The checklists will also be useful, highlighting key points employers should consider when handling health data.
The ICO guidance can be accessed here. If you have any queries regarding the guidance or require any advice on processing the data or employees and workers, please contact a member of the team here.
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