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Work, covid tests, results and GDPR.

3 replies

siblingrivals · 15/10/2020 21:25

I have just had to have a few days self isolating as dc needed to have a covid test. I worked from home. I have now returned to work and it was requested that I sent a copy / screenshot of the test results for my records. As I had arranged the test for them, the results had come to me so I duly sent them in.

However this then got me thinking - it is not my result, therefore do they actually have a right to ask for it? As I have PR I guess in terms of my DC that is ok, but had it been DH would they have that right to a) ask for it and b) process it especially in regards to GDPR?

In my case I did work, so it wasn't just a case of being off and receiving full pay.

Thanks

OP posts:
dementedpixie · 15/10/2020 21:29

They don't really have the right to ask for your children's test results. It's not really any of their business

NewMumOrpington · 15/10/2020 21:50

Hi there,

It depends on the job you're doing. If you're going to be in contact with vulnerable people (for example a nurse) your employer could insist that you provide the data under a lawful basis for processing of vital interest before you are allowed to work.

If you do another type of role (which sounds to be the case) they couldn't lawfully insist that you provide test results for either DC or DH, but it's not a breach of GDPR to ask. Provided you had the right to say no, there's no data protection issue. That's a consent lawful basis for processing.

It is a little intrusive on your DC. If you have concerns then you have the right to withdraw your consent and ask your employer to delete the data.

I hope that helps. I'm a data protection officer on mat leave so I quite enjoyed engaging my work brain this evening!

siblingrivals · 15/10/2020 22:05

Thanks both, newmum always good to be able to keep those cogs whirring. Grin I don't particularly want to rock the boat (I am in danger of getting a reputation when it comes to the covid situation - I want them to be clear and within government guidelines so nothing sinister)

tbh it is not a major issue -covid is here, we are all, to certain degrees, at risk of catching it, so hardly some sensitive information, I just feel a little uncomfortable being asked for information which isn't for me to consent to it being provided.

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