Many employers are now focusing on how to manage a safe return to work and one of the questions being asked is the extent to which an employer can introduce workplace testing.

Welcome Guidance has just been released by the ICO.  In summary, the Guidance clarifies that workplace testing may be permissible but it must be necessary and proportionate and you must demonstrate compliance with the GDPR and Data Protection Act 2018.  The key takeaways are as follows:

• Data Protection Law does not prevent you from taking the necessary steps to keep your staff and the public safe, you just need to handle personal data with care;

• Personal data that is health related is special category data and thus subject