19th November 2015
Your employee has the right to request certain data that you may hold which relates to them, under the Data Protection Act 1998 (“DPA”). Embarrassingly for some, this may include notes and emails that you may never have intended for them to see! Typically ‘requests’ are made when the parties are in dispute or litigation is contemplated. An employee may request their data in order to assist with their case or for tactical reasons to encourage settlement.
Summary: In view of the type of information that may need to be disclosed, it would be wise to have a policy on document management and retention, and to train your staff so that they are aware of when to create personal data, how to manage it and how long to keep it for.
In Part 2 we will highlight key points on responding to the ‘request’ – what you should disclose and what you can withhold under the various exemptions provided in the DPA…
The contents of this newsletter are intended as guidance for readers. It can be no substitute for specific advice. Consequently we cannot accept responsibility for this information, errors or matters affected by subsequent changes in the law, or the content of any website referred to in this newsletter. © Mundays LLP 2015.
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