Privacy Questions Arise with Vaccine Passports

In an interview with Bloomberg Law, Myra Creighton sheds light on some of the privacy issues employers must keep in mind when sharing employee vaccination information. The article reports that several organizations and states are implementing the use of vaccine passports for entry or access to sporting events, theaters, restaurants, and flights. The idea is also raising privacy concerns. The Americans with Disabilities Act (ADA) requires that employer keep their workers’ vaccination information confidential, however, Myra says the Equal Employment Opportunity Commission’s permissive position on employers getting vaccination information suggests that it can be disclosed. “If asking a person whether they’re vaccinated isn’t a disability-related inquiry, then if I tell somebody that, ‘Yes, Joe Smith has been vaccinated,’ it’s not a violation of the ADA,” she explains.

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