Data protection and privacy

APAC: Background Checks

This month, we consider whether employers can conduct background checks by way of social media/internet searches on prospective employees, focussing on the position in Singapore, Hong Kong, Japan and South Korea.

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Filed under Data protection and privacy, Jurisdiction: Asia

Korea: Handling Employee Data

Under the Personal Information Protection Act (“PIPA”) any company which handles personal data will be deemed a ‘data handler’ and must comply with strict requirements. This includes employee personal data.

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Filed under Data protection and privacy, Jurisdiction: Asia

Hong Kong: The Requirement of Being ‘Fit and Proper’

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as … Continue reading

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

APAC: Managing Employee Personal Information Part 2

We continue our review of the different obligations employers have around the region in relation to collecting, using and storing employee data by looking at some further common issues.

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Filed under Data protection and privacy, Jurisdiction: Asia

APAC: Managing Employee Personal Information

An organisation’s obligations in respect of managing personal information vary greatly from country to country. We consider the different obligations employers have around the region in relation to collecting, using and storing employee data.

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Filed under Data protection and privacy, Jurisdiction: Asia

EU: Data Use – Protecting a critical resource

Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Resources

UK: Surveillance – European decisions highlight right to privacy in the workplace

Two recent decisions – along with the imminent implementation of the GDPR – highlight the importance for employers of reviewing monitoring practices and policies. In Antović and Mirković v Montenegro, the European Court of Human Rights (ECHR) ruled that it … Continue reading

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

Hong Kong: Disclosure of Criminal Convictions

Employers often seek to carry out criminal and other background checks on new employees as part of their pre-hire processes. The discovery of a prior criminal conviction may in some cases result in an offer being withdrawn, or at least … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Asia

UK: worrying High Court data protection ruling imposing vicarious liability on employers

A recent High court decision (subject to appeal) has ruled that an employer can be vicariously liable for an employee’s misuse of data even where it has done as much as reasonably possible to prevent the misuse and where the … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

UK: Data Protection Bill published – employers should prepare now for GDPR

The Government published the draft Data Protection Bill (the “Bill”) on 14 September. The Bill will be debated at its second reading in the House of Lords on 10 October 2017. The Bill will replace the Data Protection Act 1998 … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK