COVID-19 test for employee vs. GDPR

Publication / 21.10.2020

Is the employer entitled to order the employee to take the COVID-19 test? Does the employer have the right to inspect or demand the result of this text? According to the President of the Personal Data Protection Office, the legal basis for processing employees’ personal data regarding, among other things, their health in connection with the prevention of COVID-19 is contained in Article 17 of the Act of March 2, 2020 on Special Solutions Related to the Prevention, Counteracting and Combating of COVID-19, Other Communicable Diseases and Emergencies Caused by Them (Journal of Laws of 2020, item 374). According to this regulation, it is the sanitary services, not employers, that should indicate the direction of actions to be taken, which includes ordering and performing the test for COVID-19. Current regulations, do not include the authority for the employer to obtain and process data on the employee’s health status.