In detail
- Can we use genetic testing on our workers?
- Can we ask a worker to disclose the results of a previous genetic test?
- Are there any circumstances we can use information from genetic testing?
- Checklist
Can we use genetic testing on our workers?
Genetic testing is likely to result in the processing of genetic data about workers. Genetic data is a type of special category data and so all the usual considerations about processing this category of personal information would apply.
Genetic testing has the potential to provide employers with information:
- predictive of the likely future general health of workers; or
- about workers’ genetic susceptibility to occupational diseases.
However, genetic testing is still under development and in most cases has an uncertain predictive value. It is rarely, if ever, used in an employment context. It is difficult for employers to justify demanding that a person needs to take a genetic test as a condition of employment.
You should not use genetic testing to collect information that is predictive of a worker’s future general health. To collect information this way is too intrusive. The predictive value of the information is also insufficiently certain to be relied on to provide information about a worker’s future health.
Further reading
For more information read our separate guidance on 'What is genetic data?'
Can we ask a worker to disclose the results of a previous genetic test?
You should not insist that a worker discloses the results of a previous genetic test to you. It is important that workers are not put off taking genetic tests that may be beneficial for their health care by the fear that they may have to disclose the results to their current or future employer.
You can ask for information that is relevant to your health and safety or other legal duties. However, you should make the provision of the information voluntary.
Are there any circumstances we can use information from genetic testing?
You should avoid using genetic testing to obtain information unless, as a last resort, it is:
- clear that a worker with a particular detectable genetic condition is likely to pose a serious safety risk to others; or
- known that a specific working environment or practice might pose specific risk to workers with particular genetic variations; and
- this is the only reasonable method to collect the required information.
If you are using genetic testing to collect information for employment purposes, you should ensure that it is a valid method, which is subject to assured levels of accuracy and reliability. There should be scientific evidence that any genetic test is valid for the purpose for which you are using it.
It’s important you ensure that test results are carefully interpreted, taking into account how they might be affected by environmental conditions. You should also ensure that the results are always communicated to the tested worker and make sure they can get professional advice.
You should carry out a data protection impact assessment (DPIA) for any processing of genetic data, other than that processed by an individual GP or health professional for the provision of health care direct to the worker. However, a DPIA is required where this processing is combined with certain other criteria.
Further reading
For more detail see our separate detailed guidance on data protection impact assessments and in particular the section on 'What other factors might indicate likely high risk?'.
Checklist
☐ We avoid using genetic testing to collect information to make predictions of a worker’s future general health. We only introduce genetic testing, if at all, after very careful consideration.
☐ We only use genetic testing as a last resort where it is:
- clear that a worker with a detectable genetic condition is likely to pose a serious safety risk to others; or
- known that a specific work environment or practice might pose a specific risk to workers with particular genetic variations; and
- this is the only reasonable method to collect the required information.
☐ We carry out a data protection impact assessment if we want to process any genetic data.
☐ We only ask a worker to voluntarily provide information from their genetic test if it is relevant for our health and safety or other legal duties.