Page 34 - Insurance Times September 2020

they attempt to do so could be putting the business at risk regarding privacy and handling of personally identifiable
for privacy violations. information. The policies should specify what data is being
collected, and how it is being stored and for how long.
Prior to COVID-19, most businesses were aware of what
employee information they could collect, and guidelines for A review of policies against the regulations in the jurisdiction
storage security and duration. Amid the current crisis, the where the business is located can help to determine if
lines have blurred. Additional collection of employee current policies need to be changed to address any
information, no matter how temporary the need, could regulatory changes at the local level.
involve regulations that protect employee privacy, such as the
Health Insurance Portability and Accountability Act (HIPAA). Policies must be updated to address additional data
collection associated with COVID-19. A company should be
Even something as basic as asking employees to reveal their specific in describing the need for the additional data, what
temperature or current health status could be a privacy will be gathered, how it will be stored, and for how long it
exposure. This is a particular risk for companies that do not will be retained.
normally conduct any kind of health screening, since
employers inadvertently could be gathering data that is not Next, communicate the changes to every member of the
relevant to the current pandemic. Questions about employee organization. Full disclosure provided to every employee
health history that stretch beyond whether the employee has allows employees to give meaningful consent to those
traveled recently, or been exposed to people who have or are changes, allowing employers to gather data that protects
suspected of having COVID-19, could be problematic. employees while on the job.

Another potential exposure: how the data is gathered. For In order to avoid over-collecting data, companies should
example, a company might screen its employees before consider these points: Is the company collecting all the
allowing them to enter the premises. As employees are information that is needed to maintain workplace safety?
turned away because of fever or other visible signs that may Is there more information being gathered than is needed
indicate illness, other employees in the vicinity are now to comply with safety regulations? Are the questions being
aware that these employees have been sent home - a asked remaining specific to the current pandemic?
potential violation of an employee's right to keep personal
health information private. It is important for employers to remember: Any change in
the data collected and the way in which employee privacy
To avoid such violations, companies should be setting up is handled may change the company's potential exposures
private screening areas to protect workers' health and, consequently, the insurance needs of the company.
information. Some companies are using wellness apps that
allow employees to self-report their health conditions. Moving forward safely
Moving the screening process online could alleviate some
The goal of any COVID-19 health check should be to ensure
privacy issues, though there are still concerns that the data
your company is complying with safety requirements while
collected may go beyond what is necessary.
not gathering or storing more data than is necessary. While
there are no one-size-fits-all checklists that reveal the exact
Information gathering tools may also cause issues. If an
steps your business should be taking, resources do exist that
employer conducts thermal imaging for temperature checks,
can help your organization put together a program that can
it is important to be mindful of regulations surrounding reduce your employees' exposure to COVID-19 and help you
collection of biometric data. Even a small change such as comply with workplace safety and privacy regulations.
monitoring employees as they work to ensure proper
distancing and PPE use could be a violation of employee Talk with your insurance carrier and risk management
privacy if proper policy precautions are not taken.
professionals to determine the best process for your
organization. Review your insurance policies to ensure your
Balancing privacy with protection business is covered for any additional exposures. Reasonable
Fortunately, there are ways companies can balance the need efforts to do the right thing, along with a plan that fits your
for employee privacy with the need to provide a safe organization, can help you keep your employees safe and
workplace. Start by reviewing current policies and procedures the business up and running. T

30 The Insurance Times, September 2020