2021-09-01-安永-How_COVID-19_continues_to_affect_data_privacy_in_employment_10页_761kb

Impact of COVID-19 on Data Privacy in Employment

Remote Working and Data Privacy Risks

• Remote work has increased data privacy risks due to less control over networks and devices.
• Key technical measures include encryption and pseudonymization to prevent breaches.
• Many organizations lack the tools to respond effectively to data breaches, with 65% of general counsel unprepared.
• Policies must address data handling while working remotely, and risk assessments are required for work environments.

Employer Responsibilities and Health Data Processing

• Employers must prioritize employee health and safety, including implementing COVID-19 screening and vaccination-related procedures.
• Processing health data is allowed under legal exceptions, such as GDPR Article 9, based on employment relationships or public health needs.
• Employees retain privacy rights, including access requests (DSARs), despite sharing more health information.

Other Considerations and Legal Challenges

• Vaccination mandates are largely prohibited; however, employers can request vaccine status depending on jurisdiction and job roles.
• Furlough and redundancy schemes have led to a surge in DSARs, increasing the need for efficient data management and compliance workflows.
• Cross-border data transfers are impacted by the Schrems II decision, requiring alternative mechanisms like standard contractual clauses.
• Surveys indicate high privacy risks and the importance of technology in managing data processing and breaches.