Human Resources Skills: Data protection Issues

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Who will the lesson benefit?

• HR and personnel managers and officers
• IT managers
• Data protection managers

What delegates will learn

This seminar will give you:

• 1. Detailed analysis of the New 2005 Consolidated Code of Practice
• 2. A reminder of the provisions of the Data Protection Act 1998 and, crucially, how it ties in (or not) with other legislation such as the Regulation of Investigatory Powers Act 2000, The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and the Human Rights Act 1998
• 3. Model policies, procedures, model letters, etc, to help you implement an effective data protection policy
• 4. The opportunity to ask questions specific to you and your organisation

This seminar will give you all the necessary information, advice and guidance - you cannot afford to miss it!

Contents of this class

1. Explanation of the Data Protection Act 1998 from the HR perspective

• Explanation of terms such as 'data', 'personal data', 'data subject', 'data controller', 'sensitive data' and 'processing data', disclosure of data and obligations to notify the Information Commissioner. How do personnel records fit into the definition of 'personal data'?
• Durant vs FSA - what the court of appeal says about personal data; a relevant filing system and rights of access by a data subject
• The Eight data protection principles
• What is 'sensitive data'?
• What is 'consent' and 'explicit consent'?
• Rights and Duties of controller and subjects under the Act
• The rights of data subjects to seek access to personal data and exceptions to the rule including employment references
• Subject access (the new restricted definition)
• Rights to emails
• The procedure for disclosing data when requested by a data subject
• The time that employment records should be retained?
• Export of data from the UK
• Remedies available to data subjects including seeking an assessment under the Act and the liabilities for employers who breach the Act

2. Information Comissioner's video - Barry's Bad Data Day

3. New - June 2005 Consolidated Code and its practical implications for employers

• Part 1 - Recruitment
• Part 2 - Employment Records
• Part 3 - Surveillance - impact assessments
• Part 4 - Medical Records

4. Blagging - Information Comissioner's video on security risks and blagging calls

5. Review of RIPA and Lawful Business Practice Regulations and Human Rights Act 1998

• Regulation of Investigatory Powers Act 2000 (RIPA)
• Lawful Business Practice Regulations Act 2000
• Human Rights Act 1998
• Home Office and Oftel Guidance

6. Data protection and e-mail and internet monitoring policies

• Drafting model clauses and policies
• Ensuring manual records comply with the law
• Keeping and disclosing 'sensitive data'
• Medical data - the current position
• Having a policy about the giving and receiving of references
• Policy of disclosing references
• Time limits for retaining records
• Methods of updating records
• Resolving e-mail and Internet monitoring, receiving correspondence at work, telephone monitoring and covert surveillance

Human Resources Skills: Data protection Issues / HR-DPI

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