Under alert level 3, most businesses that were prohibited from operating can reopen. In their return to work strategies, employers are required to comply with certain legal obligations, including undertaking contact tracing activities and to submit to government the data of: (1) employees who have tested positive for Covid-19; and (2) any other persons who may have been exposed to the virus through such infected employees. Sector specific health protocols also exist and must be complied with when applicable.
In complying with these obligations, employers must also be mindful that they do not unlawfully infringe on the employees’ constitutionally entrenched right to privacy and should ensure that procedures implemented comply with the relevant data protection and surveillance laws. This infographic illustrates the issues which employers ought to bear in mind when undertaking any contact tracing, particularly with regard to the collection and processing of personal data.