Data protection and privacy

Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies … Continue reading

Leave a Comment

Filed under Data protection and privacy, Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

UK: Court of Appeal rules on subject access requests

HR practitioners know only too well what an effective weapon a subject access request (SAR) can be in the hands of an aggrieved employee or ex-employee.  Even if no 'smoking gun' is unearthed for the purposes of litigation, at the … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK

UK: Data protection – Court of Appeal ruling on subject access requests, prosecution for taking client data to a competitor, and new guidance

The Court of Appeal has clarified that non-compliance with a subject access request (SAR) cannot be justified on the ground that the requester has a purpose other than verifying or correcting the data (usually to assist in litigation). Statements in … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK

Australia: Top 5 tips for employers when implementing GPS devices in company vehicles

GPS tracking devices in company vehicles are becoming increasingly valuable. Businesses can track driver routes, relevant customer locations and details of their requirements to enhance customer service. Recently, a bus operator installed GPS devices on smartphones to allow drivers to … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: Australia

UK: Data protection – Why HR needs to know about new EU rules

The government has confirmed that the General Data Protection Regulation (GDPR), which will harmonise data protection procedures across the European Union from 25 May 2018, will have direct effect in the UK, even if the Prime Minister starts the Brexit … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK

UK: Subject access requests – employer’s refusal to comply contributed to unfair dismissal

Refusing to comply with a subject access request may contribute to the unfairness of a subsequent dismissal, where the tribunal considers that the refusal materially impairs the employee's ability to defend themselves in disciplinary proceedings. In McWilliams v Citibank, the … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK, Termination of employment

UK: US Privacy Shield on data transfer approved; employers relying on Safe Harbour should review their position without delay

The European Commission has adopted an adequacy decision approving the Privacy Shield framework for the transfer of personal data to the US, and the scheme became operational from 1 August (see here for background). Although some changes have been made … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK

UK: Measures to protect confidential information from ex-employees

A High Court has ruled that, in the right circumstances, an employer may be able to obtain an order for the destruction of confidential information taken from it by departing employees and stored on the ex-employees' computers.  The order provided … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

UK: Reasonable expectation of privacy may not always apply to private communications

Employers may be able to rely on an employee's private phone communications to justify discipline or dismissal in some cases, as employees will not always have a reasonable expectation of privacy.  Whether there is such an expectation will be fact-sensitive … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK, Termination of employment

Europe: Developments in EU laws on trade secrets and data protection

The Trade Secrets Directive was passed by the Council of Europe on 27 May 2016. It will come into force 20 days after its publication in the EU Official Journal and member states will then have a two year window … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: Cross-border