This was stated by the Privacy Guarantor in the press release of 2nd March 2020
On 2nd March 2020, the Privacy Guarantor, accepting the invitation of the competent institutions to a necessary co-ordination of the Coronavirus measures on the national territory, requested all data controllers (including, therefore, employers) to comply scrupulously with the indications provided by the Ministry of Health and by the competent institutions for the prevention of the spread of Coronavirus, without carrying out autonomous initiatives, which provide for the collection of data on the health of users and workers, which are not normally provided for by the competent bodies.
Therefore, although there is an obligation for workers to report any situation of danger to health and safety to employers, the latter must refrain from requesting and collecting information regarding the presence of any flu symptoms of employees and contacts outside the sphere of work.
This is a provision in line with the principles of EU Regulation no. 2016/679 (GDPR), which attaches particular importance to the protection of personal data relating to the health of the person (see in particular art. 4 no. 15), considered sensitive data and in which, pursuant to Recital 35, fall within “All data concerning the health status of the data subject that reveal information related to their past, present or future physical or mental health status. This includes&hellip