Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
Is personal data held on a workplace messenger disclosable under a SAR for an ex-employee?
Article 15 of the GDPR, gives data subjects the right to access personal data held about them by a data controller, usually via a subject access request (“SAR”).
Messages sent via a workplace messenger which involve the data subject would likely have to be disclosed as part of a subject access request if they do more than simply identify the requestor.
ICO guidance provides that for information about an individual to constitute personal data, it must go beyond simply identifying the individual and actually “concern the individual in some way”. For example, messages sent by or to the data
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