Striking the right balance in employee data retention: Insights from ICO guidance

The Information Commissioner’s Office (ICO) recently unveiled invaluable guidance on employee data retention, addressing various practical issues that many organisations face. The guidelines cover three main sections: maintaining and protecting employment records, using employee data effectively, and providing actionable checklists for various employment functions. This latest advice aims to help employers comply with UK GDPR and the Data Protection Act 2018.

Key Points

  • The ICO emphasises that employers must choose an appropriate lawful basis for processing personal data, such as consent or contractual necessity.
  • Special category data requires additional scrutiny and compliance with strict conditions, especially when using automated decision-making systems.
  • Employer data retention should be limited to what is necessary; holding on to data for too long can lead to increased risks.
  • The guidance addresses data sharing during mergers and acquisitions (M&A) to ensure transparency and fairness in data usage.
  • It also highlights the complexities of handling Subject Access Requests (SARs) in workplace disputes.

Why should I read this?

If you’ve got anything to do with employee data, this article is a must-read! The ICO’s guidance gives you the lowdown on how to handle personal data without ending up in hot water. Plus, it offers practical tips that can save you time and stress when navigating the tricky waters of data compliance. Save yourself the hassle; we’ve done the reading for you!