WATCH: Do I have to disclose my vaccination status to my employer?
According to the law, is it non-negotiable?
The highlight question for most customers, employees and contractors when approaching a business is, "Can a business request that that I disclose my vaccination status?"
"If so, is it allowed at all by the law?"
READ MORE: Want extra money? Job hunting tips ahead of 2022
The article by legal firm, Cliffe Dekker Hofmeyr, says the following:
Disclosing one’s vaccination status entails the ‘processing’ of ‘special personal information’ under POPIA
READ MORE: Over 5m apply for Education Dept’s youth job openings
This information specifically falls under health data; under section 26 of POPIA, and is afforded additional protection given its sensitive and confidential nature, the article continues.
Section 27(1) as per the POPIA, deals with general authorisation concerning special personal information and specifically allows a responsible party to process such data if:
- Processing is carried out with the consent of a data subject;
- Processing is necessary for the establishment, exercise or defence of a right or obligation in law; or
- Information has deliberately been made public by the data subject.
As such, is there a specific right or obligation in law that justifies the processing of vaccination-related health data?
READ MORE: Looking for a job? These are the most in-demand skills to future-proof yourself
There is likely not to be any law which will require that employees disclose their vaccination status, the CEA(SA) share.
They are a union that represents employers in the construction engineering industry, operating in the structural, mechanical, electrical, instrumentation, piping and project management fields.
Section 32(1) of POPIA deals with the specific authorisations concerning the processing of said health data, Cliffe Dekker Hofmeyr shared.
READ MORE: This guy quits his well-paying job to beg a YouTuber for a new one
Processing of such data is allowed if it is carried out by:
- Medical professionals, healthcare institutions and facilities, and social services, if such processing is necessary for the proper treatment and care of the data subject, or for the administration of the institution or professional practice concerned;
- Insurance companies, medical schemes, medical scheme administrators and managed healthcare organisations, if such processing is necessary for the activities specified under section 32(1)(b);
- Schools, if such processing is necessary to provide special support for pupils or to make special arrangements in connection with their health;
Have a look at some more exceptions of when processing data is allowed:
READ MORE: Journalist is caught live on-air complaining about his job
As seen above, it is not so much a requirement that you disclose your vaccination according to the law.
FOR RELATED CONTENT:
Main Image Courtesy: Pexels