While an increasing number of South African businesses are moving to introduce Covid vaccine policies, questions have been raised as to whether a business can, in terms of the Protection of Personal Information Act (POPIA), request an employee, customer, contractor or third-party to disclose their vaccination status.
“Disclosing one’s vaccination status entails the ‘processing’ of ‘special personal information’ under POPIA, says legal firm Cliffe Dekker Hofmeyr.
“At the time of writing this article, the answer is no. A good example to illustrate this point stems from the Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces which obliges an employer to take measures to screen workers/employees when they report for work in order to determine whether it is safe to allow them to be present at the workplace,” Cliffe Dekker Hofmeyr.
Schools, if such processing is necessary to provide special support for pupils or to make special arrangements in connection with their health;
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