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Hong Kong: PCPD releases guidelines on Coronavirus and employment

The Office of the Privacy Commissioner for Personal Data ('PCPD') released, on 30 March 2020, its guidelines ('the Guidelines') to employers and employees to fight COVID-19 ('Coronavirus'), which addresses concerns on working from home. In particular, the Guidelines clarify what type of health and travel data may be collected by employers from their employees, emphasising that any personal data collected should be necessary, appropriate, and proportionate. Furthermore, the Guidelines explain that the disclosure of personal data to the Government or health authorities may be permissible for the purposes of tracking down and treating the infected. However, the Guidelines highlight that disclosure of information to any other individuals such as employees or visitors should be made without disclosing personally identifiable information of the infected individuals. Lastly, the Guidelines state that data obtained in relation with the pandemic must be retained for a reasonable period of time, and that adequate security safeguards are significant for storing, encrypting, and accessing medical or health data. 

Moreover, the Guidelines also address different procedures that may take place whilst working from home. In particular, the Guidelines highlight the issues that may be faced by businesses in a decentralised work arrangement, and cybercrime. Therefore, the Guidelines set out different advisable steps for transferring papers, or digital files from work to home, and security advise on employees own device and internet connections to prevent data leakage. 

You can read the Guidelines here

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