Can the employer directly carry out serological tests for Covid-19 to their employees? What aspects should be considered in promoting serological screening of workers belonging to groups at risk, such as health professionals and law enforcement?
These questions are answered by two Faqs just published on the website of the Italian Data Protection Authority www.garanteprivacy.it. The Faqs provide guidance for the proper processing of personal data by public administrations and private companies and clarify the conditions for carrying out serological tests for Covid-19 at the workplace.
The Data Protection Authority has specified, in particular, that, in the system of prevention and safety on the places of work or protocols of anti-safetycontagion, the employer may require his employees to carry out serological tests only if ordered by the competent doctor or other health professional in accordance with the rules relating to the epidemiological emergency. Only the occupational physician, in the context of health surveillance, can establish the need for particular clinical and biological examinations. And always the competent doctor can suggest the adoption of diagnostic means, when he deems them useful in order to contain the spread of the virus, in compliance with the indications provided by the health authorities, also with regard to their reliability and appropriateness.
In the Faqs the Data Protection Authority also specifies that the information relating to the diagnosis or the family history of the worker cannot be treated by the employer (for example, by consulting the reports or the results of the examinations). The employer must, on the other hand, process data relating to the worker’s assessment of suitability for the job and any requirements or limitations that the competent doctor may lay down. Examinations and inspections, including for the purpose of evaluating the employee’s readmission to work, must be carried out by the competent doctor or other medical personnel, and, in any event, in compliance with the general provisions prohibiting the employer from carrying out tests directly on employees.
Finally, the Data Protection Authority clarified that participation in serological screening promoted by the Regional Prevention Departments with regard to particular categories of workers at risk of contagion, such as health professionals and law enforcement agencies, it can only happen on a voluntary basis. The results can be used by the health facility that carried out the test for the purpose of diagnosis and care of the person concerned and to order the epidemiological containment measures provided for by the emergency legislation in force (e.g. home isolation).
SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELL’ITALIA – GPDP