The GDPR in NI – Differences in Employment Record Retention Periods
Published on: 03/05/2018
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Article Authors The main content of this article was provided by the following authors.
Fiona Cassidy Consultant
Fiona Cassidy Consultant
Fiona cassidy

Fiona has had extensive involvement in advisory work and litigation both in private practice in the Fair Employment Commission.  As the Solicitor and Secretary to the Commission, Fiona was responsible for management and administrative matters.  She therefore has a wealth of practical experience of dealing with public administration and management.  Fiona has been described in the Chambers UK legal directory as a “leader in the field” of employment law and as “an expert in human rights and anti-discrimination law, as exemplified by her involvement in the drafting of Section 75 of the Northern Ireland Act. Her international reputation has led to her advising on fair employment policy in both the UK and the USA.”

Fiona was identified in the ‘Leading LAWYER 100’ 2011 Guide to the top 100 professionals across the Globe in the category of Employment Law.  She has been particularly involved in Section 75 of the Northern Ireland Act and together with Dr John Kremer of Queens University they drafted the first Practical Guidance on How to Conduct an Equality Impact Assessments.   She has advised many public authorities in Northern Ireland on their section 75 obligations particularly in relation to contentious issues such as flags, emblems, bonfires and commemorations.  Fiona worked with Dr Kremer, the Equality Commission and the LRA in the publication “Harassment and Bullying in the Workplace”.  She also provided advice to the Equality Commission on its Unified Guide to promoting Equal Opportunities in Employment.  In early 2012 Dr Kremer and Fiona were instructed by the Equality Commission to work on a project assessing the future requirements for the Commission’s good relations advice in relation to public authority decision making on contested issues.  Fiona is a regular speaker at conferences or in the media  employment issues in the UK and spoke on behalf of the Fair Employment Commission at Senate and State hearings on fair employment in the United States

Educational/Professional Qualifications

  1. LLB - Queens University of Belfast
  2. Certificate of Professional Legal Studies
  3. LLM - Queens University of Belfast 1990.
  4. Subject Human Rights and Anti-Discrimination Law.
  5. Qualified Solicitor with approximately 30 years practice in Northern Ireland. Qualified to practice and holds a current practising certificate for Northern Ireland.

Membership of professional organisations and public bodies

  1. Member of the Rules Committee of the Office of the Industrial Tribunal and the Fair Employment Tribunal.
  2. Member of the Disability Discrimination Representation and Advice Project
  3. Member of the Discrimination Law Association and the Employment Lawyers Group

The General Data Protection Regulations (GDPR) and the Data Protection Bill covers the UK as a whole.  The GDPR Principles require that personal data is kept for specified purposes.  The data should be limited and kept for no longer than necessary for the purposes for which the data was processed.  Determining the retention periods for employment-related data is central to compliance with GDPR.

In due course, we are likely to see a new Employment Practices Code issued by the ICO which will likely provide guidance about retention periods.  However, when making decisions about retention periods it is important to have regard to some specific legislative requirements and guidance in Northern Ireland.  There are a number of important areas

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Disclaimer 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. This article is correct at 03/05/2018