I have contacted Data Protection and they are unable to tell me what the time line is for retaining employee applications for jobs and employee files i.e. leavers. What is appropriate? She said we should have a data protection retention policy and state how long we keep files before they are shredded.Posted in : First Tuesday Q&A NI on 2 November 2010
This response was correct. As there are no specific document retention periods provided in the Data Protection Act 1998 (DPA), it is down to each employer to set their own time limits for the holding and deletion of employee records within the constraints of any other specific legislative and best practice requirements.
The applicable data protection principle is the fifth data protection principle, which states that personal data which is processed for a purpose should not be kept for longer than is necessary for that purpose. Basically, the retention period should be based on the business
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.