Data protection issues for the HR professional
Benefits of attendingThis seminar will give you:
1. Detailed analysis of the New 2005 Consolidated Code of Practice
2. A reminder of the provisions of the Data Protection Act 1998 and, crucially, how it ties in (or not) with other legislation such as the Regulation of Investigatory Powers Act 2000, The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and the Human Rights Act 1998
3. Model policies, procedures, model letters, etc, to help you implement an effective data protection policy
4. The opportunity to ask questions specific to you and your organisation
This seminar will give you all the necessary information, advice and guidance - you cannot afford to miss it!
Programme1. Explanation of the Data Protection Act 1998 from the HR perspective
Explanation of terms such as ‘data’, ‘personal data’, ‘data subject’, ‘data controller’, ‘sensitive data’ and ‘processing data’, disclosure of data and obligations to notify the Information Commissioner. How do personnel records fit into the definition of ‘personal data’?
Durant vs FSA - what the court of appeal says about personal data; a relevant filing system and rights of access by a data subject
The eight data protection principles
What is ‘sensitive data’?
What is ‘consent’ and ‘explicit consent’?
Rights and Duties of controller and subjects under the Act
The rights of data subjects to seek access to personal data and exceptions to the rule including employment references
Subject access (the new restricted definition)
Rights to emails
The procedure for disclosing data when requested by a data subject
The time that employment records should be retained?
Export of data from the UK
Remedies available to data subjects including seeking an assessment under the Act and the liabilities for employers who breach the Act
Ensuring manual records comply with the law
Keeping and closing 'sensitive data'
Time limits for retaining records
Methods of updating records
2. Consolidated Code and its practical implications for employers
Part 1 – Recruitment
Part 2 – Employment Records
Part 3 – Surveillance – impact assessments
Part 4 – Medical Records
3. Review of RIPA and Lawful Business Practice Regulations and Human Rights Act 1998
Regulation of Investigatory Powers Act 2000 (RIPA)
Telecommunications (lawful Business Practice) (inter ception of Communication) Regulations 2000
Human Rights Act 1998
4. Data protection and e-mail and internet monitoring policies
Drafting model clauses
Resolving e-mail and Internet monitoring, receiving correspondence at work, telephone monitoring and covert surveillance
Data protection is an HR minefield - the pitfalls explainedYou are probably fairly familiar with the Data Protection Act 1998 by now (although a refresher session might not hurt!), but what about the Employment Code of Practice? The original four parts of the code were consolidated into one and re-issues in 2005 and are covered fully in this programme.
Do you know how they affect you and your organisation? Are you fully aware of the complexities in the Data Protection legislation that could make the monitoring of e-mails, Internet usage, correspondence and telephone calls at work potentially unlawful?
You need workable policies on all aspects of data protection within HR - recruitment, employment records, workplace monitoring, medical testing. You also need to communicate those policies to all staff, so what are you going to tell them?
Quotes from past delegates'Very comprehensive and easy to understand'
Jackie Greenwood, Bell Clements Ltd
'Well taught and interesting'
Becky Maiden, Geurnsey Electricity
'Good overview of the DPA and well presented'
Steven Fildes, Amlin Insurance Services
