GDPR rules wife's employer

[finaldj]

My 6 year old wasn't well the other day had 1 episode of being sick and a mild temperature of 37.5c. Wife let work know who told her its company policy for her to go get a Covid swab. which she did and got the results back as negative 24hours later. We know what is was it was the pizza she had then night before didn't agree with her and her temp was back down to 36.4 not long after. Now her employer is asking what the rest of the house olds Covid swabs were?

 

I never bothered getting tested not that I needed to as I knew it wasn't Covid with her and being sick 9 hours before hand isn't going to show Covid results in that instance. But I work for the NHS and had a Antibody test this week that came back positive anyway as had C19 about 2 months ago.

 

The point being that her work said they need to know for track and trace. So whether I had the test or not I don't see why they would need to know my results? As she came back negative anyway that should be enough. I just feel that surley an employer I don't even know or work for has to know my medical record?

[stu007]

Hi

 

Couple of links for you:

 

https://ico.org.uk/global/data-protection-and-coronavirus-information-hub/data-protection-and-coronavirus/

(look at the 'Workplace testing - guidance for employers')

 

https://ico.org.uk/global/data-protection-and-coronavirus-information-hub/

 

 

 

 

[finaldj]

Thanks for the links I have just had a quick look but they only seem to refer to an employer you work for rather than say me getting a covid test and my employer wanting to know anyone else in the house what their test results were.

 

It might sound daft that she just has to let them know I didn't get it done or negative results so they know. But she has let them know her test result was negative and it should end there.

 

I don't see why her work place should need to know what my results or anyone else for that matter that doesn't work for them?

[CraigMcK]

Technically they don’t, but without knowing we would potentially insist on 14 days off sick (containment). I’m sure you know the results are not what you would class as accurate, so we will not take risks. Her employer is only protecting its workforce. If an employer is seen to be the source of an outbreak they can be shutdown for deep cleaning and directors could be fined. 

[unclebulgaria67]

A company cannot insist that any employee takes the test, unless there is such a requirement in the contract of employment that the employee has agreed to or the test is a legal requirement within legislation passed.  Of course they can cite public health grounds, government policy, but what is the exact legal requirement for the test.

 

And of course the company has no authority over third parties.

 

Just tell Wife to advise that others in household have not been tested after this recent scare. The company will then check guidance and perhaps your Wife stays off work for 14 days as a precaution.

[finaldj]

I understand about protecting the work force but her work said she needed to send proof in by forwarding the text message onto them showing she was tested and what the result was. They also asked if I or anyone in the house was tested and what our results were for "track and trace" purposes.

 

Now I wasn't tested anyway but I work for the NHS my ward manager wasn't bothered about me being tested and my wife came back negative after 24 hours anyway.

 

I understand her work needing to inform those she's worked with that she's getting tested and they then have the option to have a test themselves which in theory they should have done. I just don't understand why they need to know my results if there is any it's not even relevent to them?

 

It would be upto me to tell my ward manager and between me and my company?

 

I'm not fussed in the sense I just told my wife to let them know I didn't get tested but how far do you go with Covid19 that even an employer you don't work for needs to know my business?

 

This isn't just aimed at me this is a general question of how far do you go if for example I was round a mates house they got the "virus symptoms" they let there employer know and get tested and tell their boss the results the boss then says what was your mates results.

 

Who has access to what information?

[unclebulgaria67]

The organisation I work for advises that staff who have symptoms leading to a CV-19 test,  should request that the people they live with should also get tested and they would ask for details of the tests.  But they cannot insist on tests and certainly would have no rights to any third parties information. ( But there is the issue of disciplinary attendance procedures, which should be considered ) 

 

And you have different test arrangements, with some unable to travel to testing centres, having to wait 2 days to receive the test in the post and even if they send it back on the day the test is received, they don't get the result back for 3/4 days. Whereas those who travel to a test site, appear to get the result the next day.  Therefore more work days are lost, when people have postal arranged testing.

 

If you work for the NHS you will have no choice in the matter as your conditions of employment will no doubt require testing and you have to provide the result information.  You may also have to request the people who live with you to have tests done and if they agree to have tests, to share the information with your NHS managers.  I would think that if you failed to ask the people who lived with you to have tests and if you failed to share the information, there could be consequences.  

 

People working outside of the health sector or in jobs, where there is no contractual or legal requirements to have tests and share information, will be in a different position.  Then it would be a voluntary action to have tests and share any information.  BUT if the employers was to take any disciplinary actions in regards to attendance,  then the employee would be in a position of wanting to share information, if this was helpful to them. For those in this situation, always obtain advice via Union reps if a member or seek legal advice from a Solicitor that handles employment disputes if not a Union member.

 

[Manxman in exile]

Surely "track and trace" isn't the company's concern is it?  (I am perhaps mistaken, but I'm assuming track and trace is carried out by the NHS or some other public authority and it is their responsibility to do the tracking and tracing - not an individual's employer?)

 

I wouldn't want to cause your wife any bother with her employer, but if I were her and my employer asked me what my spouse's results were I'd say "I don't know.  He/she says it's none of my, or your, business."

 

As I say, I wouldn't want your wife to get into trouble over this, but I don't see that her employer is entitled to know your virus status or that of anyone else in your household.   It's up to you how far you take this.

 

NB - Is there a legal requirement on employers to do this?  I don't know - there may be.