We’ve had a number of enquires about health data and visitors. This blog will address what you can do when a visitor asks you about the health of your staff and residents.
To start with, you should have a COVID-19 policy that details how you are dealing with the situation.
Secondly, you should have an addendum to your data protection policy which outlines how the home is protecting and securing health data during the pandemic.
So, what can you legally tell visitors about the health of your staff and residents?
The answer is:
You can’t tell them anything. That’s right, nothing.
Why? Because health data is special category data under the GDPR and, as such, you need both a legal basis under Article 6 and an exemption under Article 9 in order to process it. There are no appropriate exemptions that will allow the sharing of staff or resident’s health data just because a visitor wants to know.
So, what can you do? Show or give the visitor a copy of your COVID policy and your data protection policy. Reassure the visitor that you are following the policies and explain to them why you can’t share the health data of others with them.