The point about accuracy
is worth emphasising, because one of the Act's key aims is to implement an ED directive about this very aspect. Since the Act was introduced, the Court of Appeal has further
underscored the fact that an individual's right of access hinges on ensuring data is accurate. Some of the Act's presuppositions are based on what most employers would
recognise as good management -- that they will keep intrusion to a minimum, clearly identify the reason for any monitoring and explain the benefits behind it. And except in
extreme instances (such as a belief that
illegal substances are involved), employers are expected to obtain employees' consent for collecting information. In addition, many employers routinely ensure that new staff are told the
nature of the employment records that are kept and are given copies of data, such as home addresses, that might change. On the other hand, employers have their rights, too. Employees are not
entitled to automatic access to information just because they are named in it; nor does the Act exist to facilitate litigation or complaints. From the employers' point of view, 'personal data' can also be defined quite
narrowly, as information which affects a person's privacy, whether in their personal or family life, or their business or professional capacity. The Court of Appeal itself has made significant judgements
on the scope for an individual's rights to access personal data. It has ruled that such data must not only name or directly refer to an individual, but also focus heavily on
them. Furthermore, the information must be
structured with specific reference to the individual (perhaps under such headings as 'health' or 'education'). If, for instance, it is organised according to date, access to a
personnel file can be refused. Access can also be refused if releasing data would identify another employee without their consent. The general legal view is that initial employer fears about the likelihood
of widescale prying -- voiced when the Act was introduced back in 1998 --- have not materialised. But a couple of tips are worth taking to heart. First of all, the way in
which employee information is processed should be transparent. And secondly, management should indicate to employees the sort of information they hold about them on file, and
obtain their consent where necessary to gather it. |
