Data Protection for Employers

Under the Data Protection Act 1998 (DPA) your employees have extensive rights regarding the data you hold on them. DPA rights commonly arise in relation to the following areas during employment:

• Recruitment
• Business transfers and Service Provision Changes under TUPE
• Monitoring of employees
• References
• Retention of employee records
• Health information

Infringement of the DPA can give rise to complaints to the Information Commissioner’s Office which has wide investigatory and enforcement powers and can impose fines of up to £500,000 for serious breaches of the DPA. Failure to comply with the DPA can also result in Court claims for damage or distress and criminal prosecutions.

We regularly advise our employer clients on their obligations under the DPA thereby minimising the risk to their organisation in respect of non-compliance.