ICO Issues New Data Sharing Guidelines for Employers

The Information Commissioner’s Office (ICO) has issued a new data sharing code of practice setting out how employers can share employees’ personal data in compliance with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act (DPA) 2018.

Issued under section 125 of the Data Protection Act 2018, the Code has statutory force and employers are expected to follow its principles.

Aims of the New Data Sharing Code of Practice

The key aim of the new data sharing code of practice is to ensure that the guidance in this area properly addresses recent changes in data protection law and reflects the changes in the way that employers increasingly use technology to interact with staff.

Data sharing is central to digital innovation in both the private and public sectors. It can lead to many economic and social benefits, including greater growth, technological innovations and the delivery of more efficient and targeted services.

Areas the Data Sharing Code Covers

The Code covers key issues such as transparency, the lawful basis for processing personal data, access rights, data sharing agreements, security and accountability.

The Importance of Following the New Rules

Although a failure to act in accordance with the new rules does not make a person liable to legal proceedings in a court or tribunal, the code is admissible in evidence in legal proceedings. As such, failure to follow the guidance can expose employers to a level of risk that is preventable when equipped with the right legal advice.

Next Steps for Employers

As this Code has not been updated since 2011, employers should look to review their existing policies and practices on data protection with a view to making necessary changes to comply with the new data sharing code of practice. An experienced employment solicitor can help you update your existing data protection policies to ensure that you avoid falling short of the ICO’s new rules.

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Employment team at Cleaver Fulton Rankin for further advice or information.

 

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