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Complying with Data Protection law

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Data Protection: 

The Information Commissioner’s Office (ICO) has consulted on draft guidance aimed at  helping employers and recruiters comply with data protection law. These cover:

Keeping employment records (here) –  this includes guidance to workers on their rights to access their employment records and guidance to employers on:

  • Lawfully processing workers’ personal information (including selecting an appropriate lawful basis for data processing)
  • Managing retention periods; and
  • Responsibility for records.

Recruitment and Selection (here) – this includes guidance to employers on data protection compliance when carrying out recruitment exercises, including how to process candidate data fairly and lawfully and on the use of automated decision making (e.g. artificial intelligence).

To assist employers with complying with their obligations, the ICO has also provided several check-lists (see here) which relate to collecting and keeping employment records,  equality monitoring, pension and insurance schemes, and mergers and acquisitions.

The consultation closed on 5 March 2024 and we await the ICO’s response.


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