How employers should handle sensitive and personal data / information about an employee.

This information was obtained from the UK government website.

Employers must keep their employees’ personal data safe, secure and up to date.

Employers can keep the following data about their employees without their permission:

  • name

  • address

  • date of birth

  • sex

  • education and qualifications

  • work experience

  • National Insurance number

  • tax code

  • emergency contact details

  • employment history with the organisation

  • employment terms and conditions (eg pay, hours of work, holidays, benefits, absence)

  • any accidents connected with work

  • any training taken

  • any disciplinary action

Employers need their employees’ permission to keep certain types of ‘sensitive’ data, including:

  • race and ethnicity

  • religion

  • political membership or opinions

  • trade union membership

  • genetics

  • biometrics, for example if your fingerprints are used for identification

  • health and medical conditions

  • sexual history or orientation

Employers must keep sensitive data more securely than other types of data.

Sensitive data would be confidential in nature and this information should not be divulged by the employer to other employees in the workplace, unless it is absolutely required as discussed above (e.g for Human Resources / Equality Diversity and Inclusion purposes); a standard operating procedure should be in place for this to occur. Permission should be sought from the employee before the information is divulged.

It is also important to ensure that the information is accurate; the best way to obtain the information, is from the actual (potential) employee, particularly if it is of a sensitive nature.

What an employer should tell an employee

An employee has a right to be told:

  • what records are kept and how they’re used

  • the confidentiality of the records

  • how these records can help with their training and development at work

If an employee asks to find out what data is kept on them, the employer will have 30 days to provide a copy of the information.

An employer should not keep data any longer than is necessary and they must follow the rules on data protection.

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The Data Protection and Equality Act - points to note…