Business owners have long been tasked with protecting confidential information. But privacy concerns have become even more critical due to the current COVID-19 public health emergency. Companies have new responsibilities, even while still dealing with usual confidentiality issues.
Taking Employee Temps Could Be a Hot Issue
Fever is one symptom of COVID-19. Businesses and employers can stop individuals with COVID-19 symptoms from entering their premises. One way to do this is to use a temporal thermometer to check the temp of everyone at the door.
Still, employers also must consider privacy concerns. Before the COVID-19 crisis, employers typically did not take employee temperatures. Such an action can be considered a medical examination, and medical information is protected under ADA confidentiality rules.
If it becomes necessary for you to take your employees’ temperatures, proceed with caution. Discuss privacy concerns with your business lawyer to avoid violating anyone’s privacy.
Dealing with Employee Medical Data Can Be a Minefield
In addition to taking temps, you may have employees report they have tested positive for COVID-19. Hopefully, they will realize they are sick before they come to work. Still, you are responsible for notifying your other employees that one of their co-workers has tested positive. This gives rise to some serious privacy concerns.
The Health Insurance Portability and Accountability Act (HIPAA) requires that health information be kept confidential. However, you also have to provide a safe workplace under the Occupational Safety and Health Act (OSHA). This balancing act can be difficult to achieve, especially as you struggle to protect your staff from COVID-19.
Contract Tracing – Necessary or Just Controversial?
Identifying people with COVID-19 is only one step in preventing its spread. It is also crucial to know whom the infected person has exposed so they can be quarantined. This important step is accomplished through contract tracing. But privacy concerns arise anytime people’s private medical information is involved.
Employers need to find out who has been in contact with an infected employee. According to the CDC, employers can take the following actions for employees who have been exposed:
- Send the employee home, and
- Tell them to observe social distancing and self-monitoring for 14 days.
No matter what steps you take, you cannot simply divulge an employee’s private health information to other workers.
Essential businesses can allow the employee to continue working by requiring masks and self-monitoring. However, contract tracing is still an important tool in the battle against the disease.
Keeping Customer Data Private Is a Priority
COVID-19 is not the only privacy concern for business owners. When it comes to customer data, companies must consider other dangers, including hacking and viruses.
Having data safety protocols in place is the first step. But you also may need to comply with numerous laws, including the European Union’s General Data Protection Regulations. In early 2020, the Florida legislature considered two bills related to consumer data privacy. However, as of this article’s publication, both bills had failed.
Whether you are reopening your business or find yourself severely understaffed because of COVID-19, protecting your customers’ data is crucial.
Talk with an Attorney Before Privacy Concerns Become Problems
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.