Data Access Rights The Data Protection Act gives significant rights to individuals in relation to data held by third parties about them. These rights may be enforced directly against the person or entity who holds or controls the data. An employee may assert data protection rights against his employer in respect of personal information held in relation to him. Certain […]
General Limitations Data is not personal data, simply because the person’s name is mentioned. This limitation is particularly important in the context of employment. Most data in an employment context will relate to the employer. An incidental reference to an employee will not, in most such cases, make it personal data in relation to the employee. The EU Directives recite […]
Administration and Powers I The Data Protection Commissioner is an independent body which enforces the Data Protection Act. The EU directives on Data Protection require that there must be an independent body with the necessary means to perform its duties. The EU Directive requires that the Commissioner must have effective powers of intervention, such as power to deliver opinions before […]
Right to Privacy Privacy is a basic human right. It is acknowledged by the Constitution and by the European Convention on Human Rights. Common law and statutory principles require in general that the employee’s privacy must be respected except in so far as its limitation is strictly necessary for the employer’s legitimate purposes. The right to privacy is not abandoned […]
Privacy Policy The employer’s privacy policy should be set out in the employee handbook. An employer may take steps to protect its business in the context of internet use and e-mail. The reasons and rationale for the policy should be described. The policy must be kept up-to-date. It must be reviewed and amended from time to time as required. Permitted […]