GDPR and access requests

12/19/19 • 39 min

Since the General Data Protection Regulation (GDPR) came into force, HR teams have been flooded with requests by employees for a copy of the personal data the company holds about them.

This is often done as part of threatened litigation and can be challenging to deal with, not least because the deadline is shorter and HR needs to make a judgment call on how to respond.

The regulator has received a huge volume of complaints about how requests are dealt with, and you don’t want to be the first company to face a fine.

In this episode, we look at:

The right to refuse a request or extend the deadline;
How to set the right search parameters; and
What you can and can’t withhold.

We look at the role of culture, IT and training and how self-serve platforms and automation can help foster an environment of trust and speed up the process.

And we answer questions like: Do you have to use the search terms requested by the employee? And should you search instant messages, texts and WhatsApps?

In our news round-up we look at:

How much home working is too much, according to a new report?
Can employers be held vicariously liable for a data breach by a disgruntled employee?
Is the use of facial recognition technology legal?

Useful links:

ICO consultation

Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Finally, if you’ve enjoyed listening, please rate us and write a review.

Since the General Data Protection Regulation (GDPR) came into force, HR teams have been flooded with requests by employees for a copy of the personal data the company holds about them.

This is often done as part of threatened litigation and can be challenging to deal with, not least because the deadline is shorter and HR needs to make a judgment call on how to respond.

The regulator has received a huge volume of complaints about how requests are dealt with, and you don’t want to be the first company to face a fine.

In this episode, we look at:

The right to refuse a request or extend the deadline;
How to set the right search parameters; and
What you can and can’t withhold.

We look at the role of culture, IT and training and how self-serve platforms and automation can help foster an environment of trust and speed up the process.

And we answer questions like: Do you have to use the search terms requested by the employee? And should you search instant messages, texts and WhatsApps?

In our news round-up we look at:

How much home working is too much, according to a new report?
Can employers be held vicariously liable for a data breach by a disgruntled employee?
Is the use of facial recognition technology legal?

Useful links:

ICO consultation

Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Finally, if you’ve enjoyed listening, please rate us and write a review.

Previous Episode

Burnout and workplace stress

Chronic stress impacts employee wellbeing, productivity and company performance.

With the World Health Organisation now classifying burnout as a workplace disease, employers need to understand their legal and moral duties to prevent, identify and manage this issue.

In this episode crammed with top tips and examples we look at:

What causes burnout, from workplace factors like always-on technology and a culture of out-of-hours working to external events like Brexit anxiety
How some companies are managing the risks, from mental health first aiders and regular wellbeing days to 32-hour working weeks and not delivering emails out of hours
The lengths employers can be expected to go to ensure that someone can remain in employment – but does extreme burnout always require an extreme remedy?

In our news round-up we cover:

A discrimination case involving an employee's social media post (read our latest article on social media issues);
New legislation and guidance on the use of NDAs or "gagging clauses" (read Siobhan's comments in People Management); and
Bereavement leave for pets – could this become law and how to deal with it.

Useful links from this episode:
The Stevenson / Farmer review
Equality Act 2010 Code of Practice
HSE stress risk assessment template

Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Finally, if you’ve enjoyed listening, please rate us and write a review.

Next Episode

Whistleblowing

Whistleblowing is growing at an alarming rate. This is being driven by high profile cases as well as campaigns against systemic issues like data privacy and sexual harassment.

There has also been an increase in complicating factors – including whistleblowers raising grievances and additional issues arising part way through an investigation.

Having an effective whistleblowing policy is now considered fundamental to good corporate governance, culture and risk management. The decisions you make early on can have a significant impact on the risks and how the investigation unfolds.

Some of the biggest risks include financial and reputational damage. There is no cap on whistleblowing claims and they can become part of an organisation’s permanent digital footprint.

In this episode, we look at:

how to identify a whistleblowing claim;
complicating factors, including how to defend your reputation; and
how to manage an investigation, including who should be involved; reporting to the regulator; your obligations towards the complainant and others; and data protection.

We also look at some recent news stories, including:

a ruling that ethical veganism can be protected under the Equality Act;
new technical guidance from the EHRC on tackling sexual harassment at work; and
the use of love contracts and #MeToo Bots.

Useful links

Parental bereavement leave and other April 2020 changes
The Whistleblowing Commission’s Code of Practice
TLT’s coronavirus hub

Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

If you’ve enjoyed listening, please rate us and write a review.