Data Protection Law for Employers: 2008

Overview

In 2008, data protection security issues have never been so prominent following the loss by HMRC of the personal data of 25 million people and the subsequence furore and consultation into legislation change in this field.

This briefing seeks to summarise the application of the Act to the employment discipline. It concentrates on the areas, which are useful and practical to employers by examining the Information Commissioner’s Office code of practice. It answers many of the mundane, day-to-day data protections issues that employers and those who are responsible for personal data need to know.

The Report benefits

It will:

• Guide you through the mine-field of data protection legislation and ensure that your organisation is complying with the law
• Detail how to handle employment records in a secure way and highlight what you can and cannot do with them
• Highlight what rights company employees have regarding information you hold about themselves

Who should buy this Report

• All employers who handle personal data – ie. most employers
• Personnel and HR departments
• Company secretaries
• Privacy officers
• Data Protection officers
• Law firms

Content

1 INTRODUCTION AND GUIDANCE FOR EMPLOYERS

• Introduction
• Subject access requests
• Compliance
• Changing law
• The Employment Practices Code
• Personal data
• Making access requests
• Managing Data Protection
• Conclusion
• Further information
• Technical Guidance notes
• Detailed Specialist Guidance

2 RECRUITMENT

• General
• Advertising
• Applications
• Verification
• Short-listing
• Interviews
• Pre-employment vetting
• Retention of recruitment records
• Criminal Records Bureau
• Information commissioner’s frequently asked questions
• Checklist

3 EMPLOYMENT RECORDS

• Managing data protection
• Collecting and keeping employment records
• Security
• Sickness and accident records
• Pension and insurance schemes
• Equal Opportunities Monitoring
• Marketing
• Fraud detection
• Workers’ access to information about themselves
• References
• Disclosure requests
• Publication and other disclosures
• Mergers and acquisitions
• Discipline, grievance and dismissal
• Outsourcing data processing
• Retention of records

Checklist

4 MONITORING

• Examples of monitoring
• Assessments
• Is a worker’s consent needed?
• Electronic communications
• Managing data protection
• Monitoring electronic communications
• How to notify employees of email rules
• Video and audio monitoring
• Conclusion
• Frequently asked questions

APPENDIX TO CHAPTER 4

5 WORKERS’ HEALTH

• Checks by doctors
• Is the testing needed?
• Drug and alcohol testing
• Genetic testing
• General guidance
• Conclusion

APPENDIX

FURTHER INFORMATION

The author

Susan Singleton is a solicitor with her own London firm, Singletons, which specialises in: data protection law; intellectual property law; IT/ecommerce; competition law and general commercial law. According to the Chambers and Partners Legal Directory she is one of the UK’s leading IT lawyers. In 2002, she acted for the claimant in the first damages action for breach of the EU competition rules to come before the English courts Arkin v Borchard and Others. She is author of over 25 law books on topics such as internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes around twenty legal articles a month.

CPD

Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.

NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.

For more information see The Solicitors Regulation Authority

Certificate of completion

Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.