Are there any confidentiality/data protection issues affecting our ability to process information on employees with swine flu?
Information about the health of an employee is personal sensitive data and, as such, an employer cannot process any details relating to the health of an employee unless they have the employee’s explicit consent. Employees should be reminded that they should keep information relating to the health of their colleagues confidential. An employer’s data protection policy should explicitly deal with the circumstances in which data will be processed. How does the threat of swine flu impact on our policies and procedures? Employers should review and update any policies or procedures which may be affected by an outbreak of swine flu. These are likely to relate to sickness absence, dependent care leave and flexible/home working. Particular issues to consider include: • whether an employee with swine flu should be certified as fit to return to work by a doctor before returning • reports that the Department of Health is considering allowing employees to self-certify sickness for up to 14 days • ex
