The employer is obliged to provide all employees working on site with a free self-test at least once a week, as long as sufficient tests are available (§3a para. 1 SächsCoronaSchVO).
The mere recording of who has performed such a rapid test at work and when is still uncritical and justified (Section 26 (1) BDSG and Article 6 (1) (F) DSGVO). However, as soon as the test result is processed in any form, it is health data (Art. 9 para. 1 DSGVO). This data is therefore particularly worthy of protection.
Saxony does not make any statements about a retention obligation for the employer. The employer should therefore also give the test results to the employees. In this case, a retention period of 4 weeks is recommended for the test certificate.
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