Editor's message: Data protection has been at the top of the HR agenda, with the introduction of the General Data Protection Regulation (GDPR) on 25 May 2018.
The GDPR places a greater emphasis on accountability and being able to demonstrate that you have the procedures in place to protect your employees’ personal data rights. Even relatively small organisations will process a large amount of employee data, so you will need to invest some time and resources into data protection.
If you are thinking that Brexit may provide an excuse for not putting too much effort into compliance, you will need to reassess your approach. As an EU regulation, the GDPR applies automatically in the UK, and will be incorporated into UK law on Brexit. In any event, being able to demonstrate high data protection standards will be essential for British organisations wanting to continue to do business with the EU in the future.
Some of the key areas of data protection that HR needs to be on top of include:
The Data Protection Act 2018 received Royal Assent on 23 May 2018. This replaces the Data Protection Act 1998, and supplements the provisions of the GDPR.
Susie Munro, senior employment law editor
Updated to reflect that the Court of Appeal has scheduled Kostal UK Ltd v Dunkley and others to be heard on 22 or 23 May 2019.
Updated to include information on WM Morrison Supermarkets plc v Various claimants, in which the Court of Appeal considered if the employer was liable for the actions of an employee who disclosed the personal data of other staff.
This week's Court of Appeal decision that Morrisons was vicariously liable for a serious data breach by a disgruntled employee has got employers worried.
In WM Morrison Supermarkets plc v Various claimants, the Court of Appeal held that the employer is vicariously liable for the criminal actions of an employee who disclosed the personal data of his fellow employees online.
Updated to explain that this guide remains relevant to employers, as part of their ongoing GDPR compliance efforts, now that the GDPR is in force.
The class action case against Morrisons by staff who had their payroll data leaked online by a disgruntled employee has reached the Court of Appeal.
A model policy to comply with the obligation to have an appropriate policy document in place when processing special category personal data and criminal records data.
Updated to include reference to our latest GDPR-compliant model document, a policy on processing special category personal data and criminal records data.
A model data protection impact assessment for potentially high-risk data processing. The form uses the example of an impact assessment when an employer is proposing to introduce CCTV monitoring in a particular location.
HR and legal information and guidance relating to data protection.
We provide a list of model policies and documents in which the sample wording has been updated to comply with the General Data Protection Regulation (GDPR), which is in force from 25 May 2018.