Tag Archives: subject access requests

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

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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

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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

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

EU developments: trade secrets and data protection

On 14 April the European Parliament voted to approve the new Trade Secrets Directive aimed at harmonising the definition and protection of trade secrets and undisclosed know-how across Europe. The Council is expected to approve the Directive this month and … Continue reading

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

UK: Review of tribunal fees; prohibition on enforced subject access requests for criminal records; FCA/PRA whistleblowing proposals

The Business Secretary is reported to have launched a review of employment tribunal fees in light of inaction from the Ministry of Justice (see here). The findings are to be published 'in a few weeks'. Section 56 of the Data Protection … Continue reading

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Filed under Data protection and privacy, Employment-related claims- procedure and form, Jurisdiction: UK, Whistleblowing

Podcast: Data protection laws – Impact on employers (Pan-European Perspective)

To register to listen to the recording or download as a podcast please contact Jane Webber who will send you confirmation of your log-in details. Data protection is a key issue particularly for clients operating in multiple jurisdictions. With the background … Continue reading

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

Podcast: Developments in data protection laws in the UK and EU – impact on employers

To register to listen to the recording or download as a podcast please contact:  Jane Webber who will  send you confirmation of your log-in details.  Data protection as a topic generates heated public discussions (including recent issues around "the right to be … Continue reading

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Filed under Data protection and privacy, Events, Jurisdiction: UK

UK: New publications – subject access requests, tribunal claim statistics, age discrimination in provision of services

The Information Commissioner's Office has updated its Code of Practice on handling subject access requests, available here.

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Filed under Data protection and privacy, Employment-related claims- procedure and form, Jurisdiction: UK, Resources, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: New resources

The Information Commissioner's Office has published a code of practice on dealing with subject access requests. Age Action Alliance has published a new employer resource and associated leaflet to provide employers with practical solutions for managing a healthy and productive … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK, Resources

UK: New publications – April 2012

Acas guide "Promoting positive mental health at work" "Disproportionate effort" guidance from the Information Commissioner's Office, covering the extent of a search in response to a subject access request, provision of copies, and how to deal with data that has … Continue reading

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Filed under Jurisdiction: UK, Resources, Workplace Health and Safety