News and Events

Data Protection Code: Part 1

  • Posted

Part 1 of the long-awaited Employment Practices Data Protection Code has now been issued. It deals with recruitment and selection, and can be seen here.

The main provisions are:

• the code is stated as covering employees, job applicants, agency workers, casual workers and contract workers (whether still working or not);
• it covers data such as salary, Emails, notes about the specific worker and application forms;
• guidance on when it is appropriate to store sensitive personal data (eg race, trade union membership);
• an 'easy to follow' checklist for employers to ensure they are complying with the DPA 1998 in connection with advertising, job applications, verification, short-listing, interviews and retention of records.

Any individual can formally request to see their records (insofar as they are covered by the DPA 1998). A fee of up to (and no more than) £10 is payable, and the employer must provide the information promptly (and, in any event, within no more than 40 calendar days after receipt of the fee).

Part 2 of the Code, dealing with employment records, will be published next month. Parts 3 (monitoring at work) and 4 (medical information) follow at monthly intervals thereafter.