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MALTATODAY 25 July 2021

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maltatoday | SUNDAY • 25 JULY 2021 8 NEWS OFFICE OF THE DEPUTY PRIME MINISTER GOVERNMENT MINISTRY FOR HEALTH OF MALTA PARLIAMENTARY SECRETARIAT FOR EUROPEAN FUNDS Employment part-financed by the European Union under the European Social Fund – European Structural and Investment Funds 2014-2020 Vacancies in the Ministry for Health The Ministry for Health is seeking to employ the following position: Project Administrator for the ESF Project ESF 04.0084 'Reform in the Public Health System to Maximize Efficiency Gains and Enhance Governance' More details regarding the above vacancy and application can be accessed from the Government website http://recruitment.gov.mt and Government Gazette issued on Friday, 23 July 2021. Interested persons are to submit their application, together with a detailed Curriculum Vitae, by not later than 13.30 hrs (Central European Time) of Friday, 6 August 2021. NICOLE MEILAK EMPLOYEES at Crane Currency are complaining about "invasive" company policies surrounding vacation leave, with days spent home waiting for their negative swab test being deducted from their yearly leave. A group of employees working at the company's Ħal Far facili- ty told MaltaToday that Crane Currency has adopted a strict policy that requires all workers to provide a detailed overview of their travel plans, including information on who they will be travelling with. They are being asked to pres- ent a negative PCR test to the company within two days after arriving back in Malta, but until they receive the result, they are being forced to stay home with this time deducted from their va- cation leave. The employees also reported instances whereby the company asked to see the PCR test results of relatives who were in quaran- tine after encountering positive patients. Several of the employees have shown their disapproval of this measure, and have asked the In- formation and Data Protection Commissioner to take action. The problem is that the IDPC cannot do anything unless a for- mal complaint is made, which would disclose the name of the complainant and put that per- son's employment with the com- pany at risk. However, they were advised not to give details on their vacation activities nor on whom they will be spending their vacation time with. The employees tried reach- ing out to the General Workers' Union (GWU) through their ap- pointed Shop Steward but said that they had no luck. "We are dreading our holidays and some of us have also had to cancel their travels since they do not have extra leave days to cov- er for their PCR result period," an employee said. "We do not want to lose our job, but this is putting a lot of unwanted stress in an already stressful environment." A formal request for comment was sent to company, but no re- ply was given in time for publi- cation. COVID data is personal data, IDPC says Ian Deguara, the data protec- tion commissioner, clarified that no one can ask to see the result of a PCR test unless they are legally entitled to do so. This is because COVID test results are medically sensitive data that is subject to the relevant GDPR laws. The GDPR stipulates that the processing of this data is gener- ally prohibited, with some excep- tions at law. Deguara explained that an employer could legiti- mise the collection of this data for the purposes of preventive or occupational medicine, or for the assessment of an employee's working capabilities. "[Employers should] be in a position to demonstrate among other things that the collection of data fulfils a specified, explicit and legitimate purpose," he said. For full GDPR compliance, em- ployers should also provide em- ployees with a set of information stipulated in article 13 of the reg- ulations. "My general advice for employ- ers is not to take the default po- sition and collect the employees' COVID-19 infection status data without conducting a proper and thorough assessment," Deguara added. "By virtue of the risk- based approach contemplated under the GDPR, an employer engaging front liners who are in constant engagement with the public, may have a more solid legal standing on the strength of which to legitimise the collection of such information." We need guidelines, GWU boss insists Josef Bugeja, the secretary-gen- eral of the GWU, said that the union is trying to find the right balance between individual health rights and overall employ- ee safety. However, he remarked that clear guidelines are needed from the health authorities to clear up the confusion surrounding the issue. "We've asked for an urgent meeting with the employment relations board… but I think we need guidelines from health au- thorities," he said. In principle, Bugeja stated that the GWU will fight to have this 'PCR leave' taken on by the company instead of the employ- ee. But he pointed out that this mandatory swabbing is only being requested when coming from abroad – if someone hasn't travelled but is going to Paceville every weekend, there's no obliga- tion for them to take a swab test, even if the risks of infection are the same. He also noted situations where people travelling from green countries are not told to swab on arrival, yet when they go back to work they are being forced to show proof of a negative PCR test result. "It's all about the individual ver- sus the collective rights," he said. Invasive COVID policies cause for concern with Crane workers

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