First Tuesday Q&A

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How should we obtain an employee’s medical data post-GDPR?

Posted in: First Tuesday Q&A NI on 05/06/2018 There are various reasons why an employer will wish to obtain a medical report on an employee in the context of the employment relationship. For example, recording sickness absence, determining if the employee is entitled to permanent health insurance and for health and safety purposes. Under the G...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures

What are the implications of checking a candidate’s social media profile under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Social media screening prior to employment is common place and can be a valuable tool for employers. The difficulty for employers arises when they have to distinguish between information that is helpful in making employment decisions and information that is not but reveals the candidate’s personal ...

What would be deemed a manifestly unfounded or excessive SAR under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Under the GDPR, a SAR must be complied with free of charge except in circumstances where the request is manifestly unfounded or excessive. However, there is minimal guidance in the Data Protection Bill 2017 as to what types of request would be deemed excessive or unfounded. It is likely that repeat...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

Please explain the changes to subject access requests when GDPR is implemented in May

Posted in: First Tuesday Q&A NI on 03/04/2018 The main changes to the SAR regime are procedural, as outlined below. Further, given the proximity of the GDPR’s implementation, it would be prudent to develop a standard response letter to SARs. Electronic access: requests are permitted to be made electronically (most commonly by email, but social...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

Q&A: Appointing a Data Protection Officer under the GDPR

Posted in: First Tuesday Q&A NI on 06/03/2018 This month’s First Tuesday Q&A article considers questions that were submitted by audience members as part of Legal Island’s Annual Review of Employment Law conferences 2017, with a specific focus on the GDPR. The need to understand and appreciate the strict obligations on employers with regard...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

As an employer do I have to comply with the new General Data Protection Regulation? If yes, how can this be accomplished?

Posted in: First Tuesday Q&A NI on 01/08/2017 The General Data Protection Regulation (“GDPR”), which comes into force on 25 May 2018, imposes strict accountability obligations on data controllers and data processors to: ensure that data, and data consents, collected prior to 25 May 2018 is brought into line with the new requirements; mainta...

What are the implications of Brexit for Northern Ireland’s employers?

Posted in: First Tuesday Q&A NI on 02/08/2016 What does Brexit mean for the status of our employment laws? The extent to which our employment laws will be affected will be largely dependent upon the economic relationship /trade arrangement to be agreed between the UK and the remaining 27 member states of the EU. It is likely, however, that th...

For how long should we retain interview records?

Posted in: First Tuesday Q&A NI on 03/11/2015 The Data Protection Act 1998 (DPA) does not specify any documentation retention periods; Schedule 1, paragraph 5 simply provides that personal data should not be kept for longer than is necessary for the purpose for which it is processed. However, Part 2 of the Information Commissioner's Employment...

Can an employee refuse to log on to Facebook via shoulder surfing?

Posted in: First Tuesday Q&A NI on 02/09/2015 Looking generally at this very topical area, being the use of social media in the workplace, a string of recent cases have provided a potent reminder of the perils of posting about your workplace or colleagues, especially where this is in clear breach of your employer’s social media policy. What ha...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures

What is the time frame for retaining employee information after employment has ended?

Posted in: First Tuesday Q&A NI on 01/04/2014 The most appropriate way to consider this query is to look at the retention of employee information generally. Under the Data Protection Act 1998 records must be kept for a set period of time. The Act does not however set out any specific minimum or maximum periods for retaining personal data. Inst...
This article is listed under the following topics:
Data Protection and Freedom of Information Act