What COVID-19 vaccine records should you keep?
From 4 April 2022, the use of vaccine passes and QR codes were no longer required in New Zealand. Vaccine mandates were also scrapped for everyone except those working in the health and disability sector, aged care facilities, corrections staff and border and MIQ workers.
All Government vaccine mandates finally ended on 26 September 2022, and the New Zealand hospitality, cinematic and retail industries saw the start of a new business boom.
However, most employers will still have records of their employees’ medical histories and there has been no little or guidance as to what employers need to do in order to meet their privacy obligations.
Privacy Act Obligations
The collection, retention and storing of personal information, including sensitive medical information such as vaccine records, is governed by the Privacy Act.
Information Privacy Principle 9 provides that an agency (i.e., an employer or contracting organisation) should not keep personal information for longer than is required for the purpose it may be lawfully used for.
Information Privacy Principle 10 governs use of personal information. It provides that an agency holding personal information that was obtained in connection with one purpose may not use the information for any other purpose, unless the agency believes, on reasonable grounds, that the use is directly related to the original purpose, or, if the person gives their permission for the information to be used in a different way.
Should the records stay or go?
In light of these obligations, we recommend that employers:
· Review their initial request to collect information, and the purpose for which the vaccination record was obtained. For many, the collection was associated with a risk assessment for COVID-19 within the workplace and/or to ensure that the organisation was able to meet COVID-19 Health Orders regarding mandatory vaccination and workplace accessibility.
· Consider whether the organisation still reasonably requires the information for the original purpose, or for a use directly related to it.
· Decide whether to retain the personal information in whole or in part. For example, vaccine passes may be obsolete as an accurate record of vaccination status but a record of the employee having a second vaccination or booster, and on what date, may not be.
If you do retain the personal information, you should ensure that it is stored securely, with reasonable safeguards to prevent loss, misuse or disclosure of personal information (as required by Information Privacy Principle 5).
Consistent with all aspects of the employment relationship, communication is key. If you are wishing to retain the information, then you should let employees know:
· The reason for your wishing to retain the information.
· Who to raise any questions or concerns with.
· That they can be assured that safeguards are in place for the secure storage of their personal information.
If you are looking to delete the personal information, you must ensure that employees are informed and that all data is fully and securely deleted. This means that personal information documentation is disposed of safely through shredding of physical records, or comprehensive electronic deletion is carried out by a skilled IT professional. If you are retaining the vaccine records in the short term, you should put review mechanisms in place to reconsider the decision in the future.
Employment obligations, including communicating in good faith and taking all practicable obligations to maintain a healthy and safe work environment are particularly important where there is a changing environment. Clear communication can minimise the inherent stress that can come from such uncertainty. Employers should also be mindful that meeting privacy obligations, particularly with highly sensitive information such as personal health information, contributes to trust and confidence that is critical to the employment relationship.
For any questions relating to employment, health and safety and privacy matters, please contact me for practical advice on how to manage the impact of COVID on your employment relationships.
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