Data Protection
• processed fairly and lawfully and shall not be processed unless certain conditions are met • obtained only for specified and lawful purposes • adequate, relevant and not excessive in relation to the purposes for which it is processed • accurate and up to date • kept for no longer than necessary • processed in accordance with the rights granted under the Act • kept securely, and • not transferred outside the EEA without adequate data protection. Following a written request, the Act gave employees the right to: • be told whether personal data about them is being processed • be given a description of the data concerned, the purposes for which it is being processed, and the recipients or classes of recipients to whom it is, or may be, disclosed • have communicated to them ‘in an intelligible form’ the personal data concerned, and any information available as to the source of the data, • be informed in certain circumstances of the logic involved in computer decision making. COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS Employers had to comply with a request from an employee for sight of data held on them within a statutory period, which was set at 40 days. There were some specific exclusions within the Act in relation to the data that must be disclosed, which include: • confidential references given by the employer for the purposes of education, training and employment. • personal data processed for the purposes of management forecasting or planning if disclosure would prejudice the conduct of business • records of the employer’s intentions in regard to negotiations with the employee if disclosure would be likely to prejudice negotiations (e.g. pay increase, severance packages etc.). The Act provided additional requirements in relation to sensitive data, defined as: • racial or ethnic origin • political opinions • religious or similar beliefs • membership of trade unions • sexual orientation • commission, or alleged commission, of an offence. Employers cuold only process sensitive data when: • an employee gives specific consent, or • it is necessary for exercising or performing any legal rights or obligations connected with employment. No printing, copying or reproduction permitted. Employers were able to charge a fee of £10 for supplying the information to the employee.
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