Data Protection Code: Employment practices

Part 1 of the long-awaited Employment Practices Data Protection Code has now been issued. It deals with recruitment and selection.

The main provisions are:

- the code is stated as covering employees, job applicants, agency workers, casual workers and contract workers (whether still working or not);

- it covers data such as salary, Emails, notes about the specific worker and application forms;

- guidance on when it is appropriate to store sensitive personal data (eg race, trade union membership);

- an 'easy to follow' checklist for employers to ensure they are complying with the DPA 1998 in connection with advertising, job applications, verification, short-listing, interviews and retention of records.

Any individual can formally request to see their records (insofar as they are covered by the DPA 1998). A fee of up to (and no more than) #10 is payable, and the employer must provide the information promptly (and, in any event, within no more than 40 calendar days after receipt of the fee).

Part 2 of the Code, dealing with employment records, will be published next month. Parts 3 (monitoring at work) and 4 (medical information) follow at monthly intervals thereafter.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.