Data Protection and Freedom of Information for HR

Some of the most difficult and contentious Data Protection and FOI issues are related to staffing and HR. During disciplinary situations, staff can request investigation records, statements and other information related to them, while any member of staff may wish to see notes held by managers, references, health data and other types of personal data.

The DPA is being far more strongly regulated, with the Information Commissioner using his new powers to fine organisations up to £500,000. Three of the four fines issued so far have been against councils - personnel data must be kept secure, accurate and up to date.

Under FOI, a wide range of HR data might be requested by journalists and the public, including information about health and safety, disciplinary cases and dismissals, assaults on staff, and redundancies. Although the Commissioner generally respects confidentiality agreements, the Information Tribunal recently ruled that some of the details of a controversial compromise agreement signed by a Council Chief Executive should be released.

The course will:

• Ensure that personnel data is collected, accessed and shared correctly
• Check that monitoring of staff behaviour is legal and properly organised
• Find out what staff can ask for under the Data Protection Act
• Understand how FOI applies to HR data
• Deal with FOI requests effectively

Programme:

• The main features of the Data Protection Act
• Interviews, recruitment, vetting and checking
• Monitoring staff and sharing staff data with other bodies
• Subject Access – employees’ right to request data about themselves
• The main features of the FOI Act
• Precedents and cases involving HR data
• Exemptions covering HR data

Who should attend: Human Resources staff, councillors, FOI and DP staff

Waiting List

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