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Data Protection Act - Retention of Records - Ex-Staff




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19 Jan 2004 4:19PM

Rob Adams
Member - 1 post

How long may an employer hold personal data for an ex employee? Is there a distinction between email, paper and electronic data held on a PC?

Thanks



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20 Jan 2004 2:49PM

John Salmon
Member - 10 posts

The answer to your question depends on the nature of the data you plan to hold. Different categories of data can be kept for different periods. The Information Commissioner's recommendations for how to assess employee data retention periods are set out in Part 2 of the Employment Practices Data Protection Code. You can find this at www.informationcommissioner.gov.uk

All computer files containing personal data will be covered by the data protection act, some paper files may not be covered. It all depends on how structured your file sets are. Again you can find guidance on this at the OIC site or contact me at john.salmon@masons.com.

Regards,

John Salmon

Partner, Masons





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