As employees return to the physical workplace, there is a tension between companies’ responsibilities to keep workers safe and their legal obligation to protect workers’ privacy and personal data. In part one of this two-part article series, we delve into the applicable privacy and employment laws, and provide steps that companies can take to find the right balance between privacy and safety when developing vaccine and testing policies. Part two will clarify what employers can ask and require of employees with respect to COVID-19 testing and vaccination status, and what obligations they have when storing, accessing and disclosing COVID-related employee data. See our three-part series on how to facilitate a safe and privacy-compliant return to work: “Laws and Guidance
” (May 13, 2020); “Policies and Protocols
” (May 20, 2020); “Contact Tracing
” (May 27, 2020).