The ICO has released its much anticipated guidance on workplace COVID19 testing in the form of FAQs, which can be found here.
The guidance stresses the need for employers to consider whether any testing regimes they are proposing to put in place are necessary and proportionate. In relation to temperature testing in particular (which is widely being considered at the moment) the ICO will expect employers to consider whether there are less intrusive means to achieve a safe workplace before implementing it.
Transparency is also key. When considering implementing any testing regime, employers will need to be as clear as possible in their communications with employees as to what the regime is, why it is in place and how the testing data will be used.
Employers grappling with these data protection issues will also need to consider the employment law implications of testing, including what happens when employees refuse to take a test.
We've set out our thoughts on the key issues employers need to be thinking about when getting employees back to work here
You should also think about whether you can achieve the same results through other, less privacy intrusive, means. If so, then the monitoring may not be considered proportionate.