Jon,
What it actually says in the CoP
-------------------------
What is the legal status of the Code?
The legal requirement on employers is to comply with the Act itself. The
benchmarks in the Code are
however designed to bring about compliance with the Act. They develop
and apply the Act in the
context of employment practices. They are the Information Commissioner’s
recommendations as to
how the legal requirements of the Act can be met. Employers may have
alternative ways of meeting
these requirements but if they do nothing they risk breaking the law.
Any enforcement action would be based on a failure to meet the
requirements of the Act
itself. However;
- relevant benchmarks in the Code would be cited by the Commissioner in
connection with any
enforcement action that arises in relation to the processing of personal
data in employment
- disregard for the data protection requirements that particular
benchmarks are designed to help
organisations meet is likely to mean that an employer will not comply
with the Act.
Duncan
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