The following Employment Q&A provides comprehensive and up to date legal information covering:
If a document has been disclosed, the other parties may only use it for the purpose of proceedings, unless:
it has been read to or by the court at a public hearing
the court gives permission, or
the party who disclosed the document and the person to whom it belongs agree
The court may also make an order restricting or prohibiting the further use of the document.
See Practice Note: Disclosure in employment tribunal proceedings—Use of disclosed information.
Before processing personal data in a given situation, an employer (as controller) needs to consider whether that processing is lawful under Regulation (EU) 2016/679, GDPR and the Data Protection Act 2018. For information on the key components of lawful processing, see Practice Note: The GDPR and DPA 2018: key data protection issues for employment lawyers—Ensuring compliance with GDPR and DPA 2018—an overview.
Data concerning an individual’s health (health information) is special category data, so before processing health information relating to an employee or a prospective employee, the employer will need to ensure that both:
a lawful condition for processing personal data under Article 6(1) of Regulation (EU) 2016/679, GDPR applies, and
a specific condition for processing special category data under Article 9(2) of Regulation (EU) 2016/679, GDPR applies
The lawful and specific conditions for processing are likely to vary depending on the purposes for which health information
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