Vaccines and Testing in the Post‑Pandemic Workplace: Understanding the Legal Framework and Making a Balanced Plan

As employees return to the physical workplace, there is a tension between fund managers’ responsibilities to keep workers safe and their legal obligation to protect workers’ privacy and personal data. This first article of a two-part series delves into the applicable privacy and employment laws, and it provides steps fund managers can take to find the right balance between privacy and safety when developing vaccine and testing policies. The second article will clarify what fund managers can ask and require of employees with respect to coronavirus testing and vaccination status, as well as what obligations they have when storing, accessing and disclosing coronavirus-related employee data. See our three-part series on how to facilitate a safe and privacy compliant return to work: “Relevant Laws and Guidance” (Jun. 18, 2020); “Policies and Protocols” (Jun. 25, 2020); and “Contact Tracing and Fund Manager Considerations” (Jul. 9, 2020).

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