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This document provides essential information on privacy laws relevant to employee data handling, including the Data Protection Act and the Freedom of Information Act. It outlines the responsibilities of organizations regarding data processing, employee rights, and the obligations of data controllers. Employees will learn about their rights to access personal data, prevent processing, and the standards for fair and lawful data handling. It emphasizes the importance of complying with privacy regulations, including those related to electronic communications and unsolicited marketing materials.
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Staff flashpoints • employee newsletters • photo releases • product publicity • media inquiries about employees
The law… • Data Protection Act • Freedom of Information Act • libel and defamation
Information Commissioner • www.informationcommissioner.gov.uk Information Commissioner ensures organisations processing data comply with • Data Protection Act • Freedom of Information Act • Privacy and Electronic Comms regulations
Electronic Comms • Unsolicited PR/ marketing materials must not be sent by email text voice sound picture or video message • Emails must have valid address for opt out of future messages and the sender’s identity must not be concealed • Viral marketing – must adhere to Advertising Standards Authority codes
Data Controller • Determines how and why personal data is processed • May be an individual or an organisation, • - the processing may be carried out jointly or with others
Obligations • Organisations must “notify” or register with the Data Protection Commissioner if they process “personal data” • Notification fee is £35
Data Protection Act 1998 Personal data must be: • fairly and lawfully obtained and processed • processed for specified purposes only • “adequate, relevant and not excessive” in relation to the purpose for which it is held or processed
Data Protection Act 1998 • accurate, up-to-date • not kept for any longer than necessary • processed in line with the data subject’s rights • secure • not transferred outside the EU without adequate protection
Individual Rights • right to subject access • right to prevent processing likely to cause damage or distress • right to prevent processing for the purposes of direct marketing
Data Protection Act 1998 • rights in relation to automated decision-making • right to take action to rectify, erase or destroy inaccurate data • right to refer a matter to the Data Commissioner
Freedom of Information • General Right of Access • People have the right to make a request for any information held by a public authority and the authority has to comply with the Act by responding • This right came into force on Jan 1, 2005.