New data protection guidance on keeping employment records
The Information Commissioner’s Office has published finalised guidance on employment practices and data protection: keeping employment records. What do you need to know?
The Information Commissioner’s Office (ICO) is producing topic-specific guidance on employment practices and data protection as part of its resources on the UK GDPR. The ICO published finalised guidance on monitoring workers and information about workers’ health in 2023 and then it issued for consultation draft guidance covering keeping employment records and recruitment and selection. Those consultations closed back in March 2024 and the ICO has now published finalised guidance on keeping employment records. The finalised guidance on recruitment and selection is still outstanding.
The guidance on keeping employment records will help you understand your data protection obligations when keeping employment records about your workers. It covers:
- collecting and keeping employment records, e.g. how can you lawfully keep records of workers’ personal information, what lawful bases might apply to employment records, what conditions might apply for keeping records of special category information and how much information can you hold
- using employment records, e.g. when can you share workers’ personal information with other people or organisations, what are your obligations if you have outsourced some of your processing about your workers, can you collect workers’ information to use for equal opportunity monitoring and what do you need to consider when providing references.
Each of these two subjects are dealt with through a Q&A format, with the answer also providing examples and further reading links.
The guidance additionally includes a series of short checklists covering collecting and keeping employment records, outsourced employment functions, equality monitoring, pension and insurance schemes and mergers and acquisitions.
Related Topics
-
Give your children a cheap mortgage
Your son is struggling to get on the property ladder and current mortgage interest rates are making it harder. You’re over the inheritance tax (IHT) threshold but you’re reluctant to give him the money because you’ve heard horror stories about others losing half of it in a divorce. Is a family loan the solution for both of you?
-
The hidden income tax benefit of marriage
You recently got married and a relative joked that you can save lots of money because of the tax breaks for married couples. As a newlywed are you entitled to a reduction in your income tax bill?
-
The tax incentive to do a thorough stock-take
The annual stock-take isn’t exactly your favourite thing to do. You know resources could be better spent elsewhere so you try to get through it as quickly as possible. Why might it be worth a little more of your time?