I know this subject has been discussed before, however not having a legal
background or being familiar with employment/pensionlaws etc I would
welcome any input (AND apolgise for the length of my question.)
I provided my HR team with the commissioner's suggested timescales for
retining data and they have returned with the following which they claim
takes account of other business needs and laws too. (note - only a sample)
Written Particulars of Employment/Contract;Letter of
appointment,acceptance: Qualifications;Changes to Terms and Conditions;
Record of whole career; Declaration of Interests;Confidentiality Agreement;
Health Declarations; Health Referrals (including medical reports from
doctors and consultants)Papers relating to any injury at work and pension
data - to be held until age 72.
AND- Discipline and Grievance Investigations, where unfounded to be removed
and destroyed immediately.
Apart from the lengthy timescales, with regard to sickness records I
believed HR management were only to hold basic details eg period and
frequency of absence, but not medical reports from doctors and consultants,
these were to be held by company doctors or occupational health staff and
not disclosed in detail to HR staff. They would recieve a report with
recommndations based on their medical review.
Finally,the destruction of unfounded discipline and grievance records. I
can accept this, as it would be considered innaccurate and excessive etc to
retain, but should we not consider asking the data subject whether they
wish this information to be destroyed or retained?
Consider a pattern of wrongful accusations (e.g.hate grudge) over a long
period. The records are destroyed each time , new managers come into place
and fresh accusations are made, how would the "victim" prove harassment
with no records to refer back to?
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