Could you tell me if telling care home residents that one or more of their fellow residents has tested positive for COVID and is unwell contravenes the GDPR rules?

Answered by Sheila Scott

Thank you r. Health records fall under special category data within the general data protection regulations. It is therefore important you do not share individual’s health status either staff or resident. However informing residents that there has been a positive case without naming an individual is different if you can do so without the person who is positive being identified. There is no guidance on communicating outbreaks to residents and as a manager, you need to weigh up the GDPR issue as well the impact of the information will have. I do think residents should be told however but also explaining what you are doing to keep them all safe and minimise the risk of spreading the virus is also really important.