Data Protection 2014/15 Important Changes

Huge changes to Data Protection legislation looks certain for 2015 – Most driven by the European Union desire to unify protection across boundaries, cut red tape and empower national law officers to impose much bigger fines on offending employers.

More on that in the coming months but right now all UK based managers, HR personnel and data controllers need to focus on recent court rulings that impact on:

1. A person’s name and e-mails
2. Stealing data
3. Enforced subject access
4. Right to be forgotten

It is imperative that all UK businesses and organisations ensure their managers and HR teams maintain a current understanding of the latest laws that impact on business operations, staff behaviours and employment issues.  Concrew Trainings one-day workshops provide high quality high value solutions for all. 

More details at
http://concrew-training.co.uk/courses/legislation

All our workshops are regularly updated to ensure they reflect the very latest in legislation and good practice.

The recent rulings that impact on data protection and employment policies include:

A person’s name constitutes personal data

The Court of appeal has decreed that a person’s name constitutes personal data unless the name is so common that it would not identify the individual without further information. This decision is a reminder to employers about the scope of their data protection obligations. Simply processing a person’s name by sending and receiving emails can amount to the processing of personal data, so the employer must comply with the rules set out in the DPA.

Stealing Data

As a result of a recent criminal case, the Information Commissioner (ICO) has warned that workers taking their previous employer’s personal data to a new employer is a criminal offence.  It is appropriate to remind any departing employees of the serious consequences of taking their employer’s information without permission.

Enforced subject access to become illegal

From December 2014, it will be a criminal offence for employers to require employees or job applicants to provide details of their criminal records by making an enforced data subject access request.  Any employer convicted of the offence will be liable to a fine of £5,000 in the Magistrates’ Court or an unlimited fine in the Crown Court. The ICO has indicated that it intends to prosecute those who continue to enforce subject access requests in an effort to stamp out this practice.

Right to be forgotten imposes new obligations on employers

In the landmark Google case, the European Court of Justice (ECJ) confirmed an individual’s “right to be forgotten” under European data protection laws.  As a result, employers will now have to exercise greater vigilance in deleting employees’ personal data that has become “irrelevant, inaccurate or excessive” Although the case relates to a search engine provider, the principle also applies to other organisations that process personal data, including employers

Contact us today to arrange in-house training for managers and staff.

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