How do I deal with a data access request?
The Data Protection acts allow an employee to seek access to any personal data held on them by their employer. Data access requests are an extremely common way for an employee to try and get more information when considering whether to take a claim against their employer. They are extremely time consuming for an employer and can sometimes be a nuisance tactic by a disgruntled employee.
Bláthnaid Evans of our Employment Team has prepared a checklist for employers to guide them on what to do if they receive a data access request from an employee. This checklist could be used to help employers when drafting a policy or training team members on how to deal with an access request. It should also be considered every time an access request is received. It also sets out some guidelines on when data can be withheld from an employee.
It is essential that employers have a data protection policy in place. The policy can deal with how employees’ data is processed. It can also set out what employees should do if they receive an access request either from an employee or from a customer or someone outside the organisation. To access a sample data protection policy prepared by the Employment Team please click here.
Data Access Request from Solicitor
We are often asked if an employer needs to respond to a data access request made by a solicitor on behalf of an employee. The Data Protection Commissioner is of the view that it is reasonable to comply with a request submitted by a solicitor on behalf of a person. However if you have any doubts about the request you should seek a letter written by the individual confirming that the individual has given their consent for the request to be made.
To download the checklist please click here.
This publication is for guidance purposes only. It does not constitute legal or professional advice. No liability is accepted by Ogier Leman for any action taken or not taken in reliance on the information set out in this publication. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. Any and all information is subject to change.