The processing of personal data by employers in the context of the Covid-19 pandemic Cover Image
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Prelucrarea datelor de către angajatori în contextul pandemiei de Covid-19
The processing of personal data by employers in the context of the Covid-19 pandemic

Author(s): Cristina Bojică
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Health and medicine and law, EU-Legislation, Labour and Social Security Law
Published by: Universul Juridic
Keywords: GDPR; Personal data processing policy; OSH; Remote work; health data processing;

Summary/Abstract: Nearly four years later after the entry into force of the EU Regulation 679/2016 on personal data processing (GDPR), the processing of the employees’ personal data remains controversial and open to interpretation. This article provides a comprehensive practical interpretation of the principles and grounds to be considered when processing personal data, in view of both the GDPR Regulation and the new obligations of employers to ensure health and safety of employees in the Covid-19 pandemic context. The introductory part of the article focusses on the employer’s main obligations towards employees, followed by a section developing on the trends of excessive processing of employees’ health data and the implications of telework on personal data processing. Based on companies ‘practice, the author offers guidelines for the correct understanding of the law and suggestions to avoid an excessive processing of employees’ personal data. The conclusion of the article highlights the general obligations laid down by the GDPR Regulation and provides an overview of minimal policies and procedures to be implemented by each company. Therefore, the article aims to provide a practical approach of the main obligations related to data processing falling to the employers and the measures that should be taken to ensure fairly processing of the employees’ personal data.

  • Issue Year: 2022
  • Issue No: 01
  • Page Range: 41-46
  • Page Count: 6
  • Language: Romanian