McDermott Will & Schulte, a global law firm

Right or Duty to Disclose the Identity of Infected Employees?

Since the outbreak of the pandemic, employers have repeatedly been faced with the question of whether, in what way and to whom they may disclose the identity of an infected or suspected employee. The collision of the duty of care towards the workforce with the duty to respect the personal rights and the protection of the data of the person concerned can be resolved if the employer takes proportionate action in the sense of the duty of care and thus the protection against infection.