Archives: Data Protection

Subscribe to Data Protection RSS Feed

Employee Data Subject Access Requests in the UK: Part 4 – how to deal with mixed data

In part 1 of this blog series, we asked how employers facing a Data Subject Access Request (DSAR) should be dealing with ‘mixed data’ cases, i.e. when a third party’s personal data is intertwined with that of the requester? Mixed data comes in many forms; for example, an email from John to a colleague saying … Continue Reading

Employee Data Subject Access Requests: Part 2 – It’s complicated – extending the DSAR deadline (UK)

In the second of our five part blog series on Data Subject Access Requests (DSARs), we examine the notion of “complexity” and how that might affect the way you respond as an employer to a DSAR. What is “complex”? Under the General Data Protection Regulation (GDPR), data controllers must respond to DSARs “without undue delay … Continue Reading

Employee Data Subject Access Requests: Part 1 – where are we now and what questions remain? (UK)

Just when we thought we were getting to grips with some of the stickier issues around Data Subject Access Requests (DSARs), then along comes the EU General Data Protection Regulation (GDPR) and numerous new ambiguities over how its DSAR provisions might work in practice.  We are waiting for the ICO’s guidance and update on its … Continue Reading

Practical Guide to the GDPR – Part 8

Part 7 of this series looked at how far an employer might be exposed if employees whose images were used in internal or external marketing or other corporate communications then withdraw their consent to that processing. Our Global IP and Technology team has now provided some useful further thoughts on this risk, accepting that the … Continue Reading

What’s Your Number? Be Careful When Asking Your Japanese Employees.

In many countries, individuals are identified by a unique number issued by the government. Probably the most ubiquitous example is the Social Security Number in the United States, which is generally necessary to obtain employment, open a bank account or obtain a driver’s license, and is used for credit monitoring and other private sector purposes. … Continue Reading

Employee Wellbeing Programmes (UK)

With a clear link between increased employee wellbeing (both in terms of physical and mental health) and reduced sickness absence, many employers may use renewed New Year ambitions to adopt or promote employee wellbeing programmes. Businesses have introduced measures including step challenges with free pedometers, fruit ‘desk drops’ and health monitoring stations in the workplace. … Continue Reading

ECHR keeps an eye on covert workplace surveillance, but for whose benefit?

Judge Dedov is the one to watch here.  He was the only one out of the European Court of Human Rights panel not responsible for a recent decision on employee surveillance which many may feel tilts European law around workplace monitoring altogether too far towards the interests of the employee. Ms Ribalda and her four … Continue Reading

Illinois Employers Face A Recent Rash of Class Action Lawsuits Filed Under State Biometric Information Privacy Law

Illinois enacted its Biometric Information Privacy Act (“BIPA”) in 2008 to regulate, among other things, employer collection and use of employee biometric information.  Biometrics is defined as the measurement and analysis of physical and behavioral characteristics.  This analysis produces biometric identifiers that include things like fingerprints, iris or face scans, and voiceprints, all of which … Continue Reading

How to make time fly – HR preparation for the GDPR

Exactly one year from today, Brexit notwithstanding, the EU General Data Protection Regulation comes into effect. This is aimed primarily at commercial progressing of customer data but still has significant ramifications for HR’s handling of employee data. Compliance with the Data Protection Act as it stands will not be enough to protect against breaches of … Continue Reading

Key new rules for employers posting staff to France

Foreign employers posting employees to France temporarily, whether to provide services for a client based in France or for their own sake or as part of an intra-group mobility programme, must comply with strict legal requirements.  These relate in particular to providing for those staff a set of mandatory employment rules applicable while they are … Continue Reading

DTSA Requires Employers to Provide Notice of Immunity to Putative Whistleblowers

As a follow up to our previous blogpost, a new federal law, the Defend Trade Secrets Act of 2016 (DTSA), which went into place on May 11, provides a federal cause of action for trade secret misappropriation. One important employment law aspect of the DTSA that has not received a lot of attention is the requirement that … Continue Reading

US Employers Take Notice: Defend Trade Secrets Act Contains Noteworthy New Provisions

As reported last week in our Global Business IP & Technology Blog, the Defend Trade Secrets Act is currently on President Obama’s desk awaiting his imminent signature. Once enacted, the new law will provide the first federal civil claim for misappropriation of trade secrets. Although the new law is monumental in several respects, at least … Continue Reading

New Russian Data Protection Requirements – Latest Position

On 1 September 2015 new requirements relating to the storage of personal data will come into force in Russia.  These changes are highly controversial, as they will require any databases used to process the personal data of Russian citizens to be physically located in Russia. When these changes were first announced it seemed they would … Continue Reading

Keeping your eyes on the road – are there limits to a UK employer’s monitoring of staff movements?

How would you feel about your employer knowing where you are 24 hours a day? News reaches us of a claim by an employee dismissed in the US for deleting a smartphone app Xora which her management had required her to install as part of its mobile workforce management systems.  Xora bills itself (with callous … Continue Reading
LexBlog