Data protection privacy notices in employment

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Data protection privacy notices in employment
  • UK GDPR requirements
  • The transparency guidelines
  • Possible implications of the Irish supervisory authority decision regarding WhatsApp
  • First steps—data mapping
  • Consider a data protection impact assessment (DPIA)
  • What to include in a privacy notice, and when
  • Where information is shared with other controllers
  • Going beyond legal requirements
  • Photographic and video images
  • More...

Data protection privacy notices in employment

Since IP completion day (11pm on 31 December 2020), Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) is retained EU law (see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law) and known as UK GDPR. Together with the parts of the Data Protection Act 2018 that relate to general personal data processing, powers of the Information Commissioner and sanctions and enforcement, as amended, this makes up the UK GDPR regime. The GDPR as it continues to apply in the EU is known as EU GDPR.

This material considers the UK GDPR regime, and legislative links are to Retained Regulation (EU) 2016/679, UK GDPR, except where expressly stated otherwise.

For a more detailed introduction to the UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

The first data processing principle under Retained Regulation (EU) 2016/679, UK GDPR requires employers and other controllers to process personal data ‘lawfully, fairly and in a transparent manner’. While ‘transparency’ was an implicit requirement under the repealed DPA 1998, the UK GDPR places a greater emphasis on transparency, and requires controllers to:

  1. provide data subjects with specified information about the processing of personal data, including the purposes for which it is processed, the legal basis for the processing, with whom it

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