Sorry, I'll shut up after this one, as I'm going away for the weekend, but
"purposes" are very broad. Defending a Tribunal case would clearly either
come within the "Staff administration" purpose or be "compatible" with it.
I really don't see the problem here. What effect is the retention having on
the individual?
I agree that asking the company to delete the information might hamper a
claim, but suppose someone else made a claim and you needed this person's
information to show that the claimant had been treated equivalently to
someone else who equally didn't get the job. Tribunals are somewhat
unpredictable and I would fully support an organisation retaining the
information for up to six months. You never know if you might need it, and
the consequences of not having it could be dire.
Data Protection is about getting a fair balance, not about giving the
individual absolute control over what happens to their information.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Smith, Tony" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 27, 2005 4:15 PM
Subject: Re: Data subject rights - deleting data
I find it difficult to believe that any tribunal would not find that a
person who tried to take a tribunal case against a company that s/he had
asked to delete all information about him/herself would not say that s/he
was estopped from taking a case. There also seem to be no grounds for
keeping the records for 6 months.
I also doubt whether many employers specify that they are keeping info on
the offchance of a tribunal claim:
See the Act which says that people should be told:
"the purpose or purposes for which the data are intended to be processed"
However, I could be wrong.
I, like many people, believe that the Durant decision was wrong and that
people may get a shock when the next case (whatever it is) goes through.
Tony
-----Original Message-----
From: Paul Ticher [mailto:[log in to unmask]]
Sent: 27 May 2005 15:31
To: [log in to unmask]
Subject: Re: Data subject rights - deleting data
No. The person cannot force you to delete the data. You are allowed to
hold it as long as it is necessary (Principle 5). As a minimum you must
hold all recruitment material, including that for unsuccessful candidates,
while there is any chance that they might accuse you of discrimination and
take you to a tribunal. If you don't keep all the material, you would not
be able to defend your decision fully. This is clearly "necessary". The
time limit for most cases is three months, but there are sound legal reasons
for holding the information for at least six months. After that, I would
agree that it is no longer necessary to hold information about unsuccessful
candidates, so you should destroy it as a matter of course. The accounting
information obviously has to be kept for as long as you keep your accounts.
The individual has limited rights to force you to stop processing their
data - which includes just holding it, of course - if they can *specify* how
it would cause "substantial damage or substantial distress" to them or
someone else (but only if you are relying on the fifth or sixth Schedule 2
Condition). They may well be distressed at not getting the job, but that is
unaffected by whether you keep their data or not. I cannot see how they
could come close to showing a reason why you should delete the data in less
than the normal six months.
Send them away with a flea in their ear. (Or throw a copy of my latest book
at them: The Employment Records Handbook, a snip at £14.95 from
www.dsc.org.uk)
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 27, 2005 3:12 PM
Subject: Re: Data subject rights - deleting data
> A deletion request overrides company policy. Accountancy data that you
> describe here is exempt. You have 21 elapsed days within which to comply
> and notify them that you have complied UNLESS some HR laws override it
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
> United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
>
>
>
>
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>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Sally Gibson
> Sent: 27 May 2005 14:58
> To: [log in to unmask]
> Subject: [data-protection] Data subject rights - deleting data
>
> Our organisation has received an enquiry from a person who recently
applied
> for a job with ourselves, but was unsuccessful. This person has requested
> that all his personal data we hold is destroyed. Does this mean we have
to
> delete all of the personal data we hold, even though it is company policy
to
> keep all job applications for x number of months and all expense details
are
> kept for auditing purposes? We re-imbursed his travel expenses.
>
> I'd be most grateful for any help and comments.
>
> Thank you
> Sally Gibson
> SST
>
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