The Information Commissioner's Office is in the process of finalising a four part code which will set out what employers must do to comply with the Data Protection Act 1998. This will set out the types of information which employers can lawfully record, how they should do this and what information must be provided to employees and others. Failure to comply with the code is likely to mean that an organisation is in breach of the Act, which could lead to enforcement proceedings by the Information Commissioner and claims by individuals for compensation. In some cases, breach of the Act is a criminal offence. Failure to comply with the code is also likely to be considered in tribunal proceedings.
In order to comply with the code, organisations will need to review their procedures and put in place new policies and documentation. Bird & Bird is preparing a compliance pack for HR professionals, to include:
- Pro-forma HR data protection policy and procedures
- Pro-forma data protection notice for employees and applicants
- Standard forms of consent for collecting sensitive data, conducting medical testing and transferring data outside Europe
- Model for access to files
- Model wording for contracts with payroll and pension providers and recruitment consultants
- Short-form guide to the Act
- 30 minutes legal advice by telephone on the code.
We will also be running a client workshop to consider the code.
The compliance pack will cost £350 plus VAT. We will issue the pack as soon as possible after the Information Commissioner has launched the final version of the code - currently expected to be this Spring.
If you would like to register now for further details of the pack, please contact Fiona Sneddon. For further information on data protection contact Ruth Boardman or Hazel Grant.