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ICO Guidance: Special Category Data

On 14 November, the Information Commissioner's Office published guidance on how special category data should be managed under the EU General Data Protection Regulation (GDPR).
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ICO Guidance: Special Category Data

Philosophical belief case on right to copyright fails

Is an argument about the interpretation of a contract protected as a philosophical belief? No, said the Court of Appeal in Gray v. Mulberry Co (Design) Ltd. We have blogged about earlier stages of this case previously (see here and here) and it has just been heard by the Court of Appeal.
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Philosophical belief case on right to copyright fails

One day less to respond to DSARs!

Under the General Data Protection Regulation (GDPR), individuals can request access to the personal data that employers or other organisations hold on them. This is commonly known as a DSAR and is subject to certain conditions. You are required to respond to DSARs within one month – but when does this start?
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One day less to respond to DSARs!

Supreme Court grants Morrisons permission to appeal employee data breach

The Supreme Court has granted Morrisons permission to appeal against the Court of Appeal's ruling, which found that the supermarket chain was vicariously liable for a former employee's data breach.

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Supreme Court grants Morrisons permission to appeal employee data breach

It’s getting personal: Potential GDPR breach for employees who check work emails on personal mobiles out of the office

Recent research has revealed that employees who check work emails on their personal phones could be in breach of the General Data Protection Regulation (GDPR)
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It’s getting personal: Potential GDPR breach for employees who check work emails on personal mobiles out of the office

GDPR – are your interests legitimate?

Under the GDPR the requirements for consent will be much stricter, particularly in the employment context, where it is generally accepted that the imbalance of power between the employer and employee is likely to invalidate any consent given by the employee. In this context, employers may turn increasingly to "legitimate interests" as the lawful basis for processing their employees' personal data.
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GDPR – are your interests legitimate?

GDPR: subject access requests – what’s new?

Do not be complacent, GDPR is making some subtle but important changes to the well-known system for subject access requests under the Data Protection Act 1998 ……
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GDPR: subject access requests – what’s new?

GDPR deadline looms: Are your immigration data processes compliant?

The introduction of the General Data Protection Regulation (GDPR) presents a huge challenge for employers in many data processing scenarios. With the implementation date less only 10 weeks away employers should consider their immigration data processes which understandably deal with considerable personal date. This article, by UK Head of Immigration Jessica Pattinson highlights on a few common immigration scenarios that need to be dealt with from a GDPR perspective.

https://www.personneltoday.com/hr/gdpr-deadline-looms-immigration-data-processes-compliant/

GDPR deadline looms: Are your immigration data processes compliant?

Three months to go until GDPR comes into force: are you ready?

Has getting to grips with GDPR been lingering on your to-do list for the past year? With only three months to go until GDPR comes into force on 25 May, now is the time to push it to the top of your list.

Don’t panic if you have not yet started to prepare. Here are our top tips for getting your organisation ready:

  • Start with an audit of what data you hold and what you do with it. You can then consider what legal basis you have for processing the data. With the advent of GDPR, you should be moving away from the use of consent, which individuals are entitled to withdraw, to one of the other permitted bases for processing data. In the employment context, most data processing will be permitted as being required for performance of the employment contract or complying with a legal obligation. There is also a basis for processing where an organisation has “legitimate interests” to do so.
  • A new privacy notice will be needed to comply with GDPR. Consider having separate privacy notices for existing employees and for recruitment purposes. GDPR requires privacy notices to be concise, easily accessible and easy to understand. There is a significant list of mandatory information which needs to be included in a compliant notice.
  • If, like most employers, you have a data protection consent clause in your template employment contract, this should be removed from any new contracts being issued. You don’t need to issue fresh contracts to existing employees but you should let them know that you are no longer relying on consent and refer them to your new privacy notice.
  • Put in place a procedure for dealing with subject access requests – GDPR requires requests to be dealt with faster (within a month in all but exceptional cases) and without charging a £10 fee (except where a request is “manifestly unfounded or excessive”, in which case you can charge a “reasonable” fee). You should also have a procedure in place for dealing with any data breach and the new requirement to notify the Information Commissioner’s Office of such a breach.
  • Start training employees so that everyone is aware of their responsibilities.

Whilst GDPR brings with it the threats of significantly increased penalties for non-compliance, starting preparations now (if you have not already done so) will stand your organisation in good stead for the new regime. If you need support in tackling your preparations, please get in touch with a member of the team.

Three months to go until GDPR comes into force: are you ready?

Surveillance of employees in the workplace and the Article 8 right to privacy

Advances in technology have made monitoring employees easier than ever before. With the increased use of email, smartphones, laptops, trackers and SmartWare, almost every mode of communication has gone digital. As such, it is now possible to monitor your employees’ every movement and communication, to find out not just where they are but also how productive they are being.

However, many employees try to argue that this monitoring is an intrusion on their right to a private life (under Article 8 of the Human Rights Act) and is therefore unlawful.

This important issue has been the focus of two recent decisions by the European Court of Human Rights (ECHR). In each case, the judges considered the limits on what is and isn’t permissible when it comes to the surveillance of employees.

Read more here.

Surveillance of employees in the workplace and the Article 8 right to privacy