Personal Data

With Kirsten Cluer.

It shouldn’t come as any surprise to anyone now that the General Data Protection Regulation (GDPR) will come into force from 25th May 2018. All employers will need to comply with its principles when they are processing employees' personal data.

 

If you are handling personal information about individuals you must have identified a legal basis for processing it in advance. There are six legal bases but the three most relevant in the employment context are:

 

performance of a contract

compliance with a legal obligation and

legitimate interests of the employer.

 

Many companies are still assuming that they can simply rely on consent as their justification for processing personal data. However, this will not be a valid legal basis if there is a clear imbalance of power between a data subject and the data controller, as is considered to be the case in virtually all employment relationships.

 

So, if you haven't already started, what should you be doing now to prepare for the new regulations? Identify all the personal data that you process on your employees - personnel files, electronic letters, emails to and from employees, appraisals etc - then ask yourself the following questions about your reasons for processing data and keep a record of the answers:

 

What is the purpose of the processing?

Is it necessary for performance of our contract?

Is it necessary for compliance with a legal obligation?

compliance with a legal obligation and

Is it necessary for my legitimate interests as an employer?

 

Once you have identified the legal basis for processing each category of data, you need to ensure that this information is included in the privacy notices provided to job applicants and to employees. You may also need to maintain a data register.

 

If you are struggling to interpret the GDPR and how they will impact upon your day to day HR processes please call us on 01386 751740 or email info@cluerhrsolutions.co.uk

 

 

www.cluerhr.co.uk

 

 

 

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