The Data Protection Act 1998 – Demystifying Data
Release date: March 2006

To help employers comply with the Data Protection Act 1998, a new code of practice has been published to encourage best practice.

The new code brings together the four lengthy codes issued over the last few years and summarises them in a more user friendly format.

The Employment Practices Data Protection Code covers the following areas:

• Recruitment and selection – looking at job descriptions, advertising and interviewing for staff and pre-employment vetting
• Employment records – collecting storing, disclosing and deleting records
• Monitoring at work – monitoring employees at work, examining emails, recording telephone calls, installing CCTV and in-vehicle monitoring
• Medical information – obtaining and handling information on workers’ health, including medical questionnaires and drug testing

The code attempts to strike a balance between the expectations of workers that their personal information will be handled properly, and the employers’ needs to run their business effectively. By following the code employers will be able to protect themselves from challenges about their data protection practices.

Employers are required to comply with the Data Protection Act. They do not strictly speaking have to follow the Code. However, if they do not do so, they may run the risk of breaking the law.

To assist employers, the Information Commission has set up a new division that will specifically deal with compliance issues. More information can be found at www.informationcommissioners.co.uk

For further information contact Chris Wiper
chris.wiper@close-thornton.co.uk

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