“Generally speaking in most regions of the world, employers likely are either required to obtain an employee’s express and voluntary consent to the disclosure of the employee’s vaccination status or are prohibited from obtaining an employee’s vaccination status even if an employee may be willing to voluntarily disclose such information,” Jake Downing and Darren Gardner, partners at the King & Spalding law firm, write for JD Supra.
In many E.U. jurisdictions, regulators and courts are likely to prevent employers from asking their workers to voluntarily share their vaccination status as per those countries’ respective privacy laws. Employers in Australia, Asia, the Middle East and Latin America should be able to ask their employees to share their vaccination status voluntarily “so long as the consent is express and truly voluntary,” Downing and Gardner write.