How data protection laws have impacted HR in 2011
Data protection can be an area of concern to many HR professionals due to the significant amount of personal data that they come into contact with on a day-to-day basis. It is, therefore, of vital importance to ensure that an adequate framework is in place that complies with the requirements of data protection legislation and ensures that high standards are followed by all relevant personnel.
It is essential to have an understanding of what types of personal data are covered by data protection legislation. Essentially, any information that directly or indirectly allows an individual to be identified, either as a computerised record or held in a manual filing system is considered to be data. Personal data that is considered to be sensitive data requires a higher level of care as it has the potential to be used in a discriminatory manner. This includes information such as an individual's health, race, religion, sexuality or political views.
Personal and sensitive data
HR professionals have access to personal and sensitive personal data on a day-to-day basis and it is, therefore, important that there are appropriate policies and procedures in place that set out the way that such data should be handled. Data must be processed in a way that is both fair and lawful. There must be a valid and identified reason for processing data. Additionally, individuals need to be notified of what data is collected about them and how it will be used.
It is essential that thought is given to the standards that are put in place to govern the use of personal data. Any data processed must be relevant and must not be excessive. It has to be accurate information and should be updated. It should not be kept any longer than is necessary. Policies and procedures should, therefore, be drawn up, implemented and reviewed to ensure that proactive management of the personal data held meets with a set of pre-determined standards.
Right to request
HR professionals should remember that an individual has the right to request access to the personal information held about them. As well as computerised records and standard documentation, this can include hand written notes that are kept on file. It is, therefore, important that meeting notes and any comments written on documents are factual and could cause no embarrassment in the event that they require disclosure.
Due to the amount of personal and sensitive data that HR departments hold, it is essential that an appropriate level of security be in place to ensure that the data held is not compromised in any way, either deliberately or accidentally. Clear guidance should be drawn up about who is responsible for the security of data and how this will be managed. Robust policies should be implemented that set up a framework for the management of personal data and staff must have adequate training.
Data protection is an area of risk for HR professionals due to the nature of the personal information that they deal with daily. To mitigate this risk it is essential that an appropriate framework be in place that sets out the standards to be followed and responsibilities that others have to uphold, so that personal information is used in a fit and proper manner and not compromised in any way.
Photo: Svein M







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