Hello all
I have yet to have a discussion here with our
HR department on this but I agree with Sara’s last line. This is ‘guidance’
whereas the Data Protection Act is a legal requirement. I think the maximum
they are recommending retention for is 1year. They say “The duration the migrant is sponsored Or One Year, Or until a visiting officer has examined and approved them –
whichever is shorter, unless the document needs to be kept for other purposes.”
Even so, I think a year is excessive for
failed application forms. An application form of failed applicants
shouldn’t be re-purposed by the Home Office to provide some kind of proof
for a non EEA person (Principle 2 processed for limited purpose). Hanging
on to failed applicant personal data for months is excessive and not relevant
to that person (principle 3). We shouldn’t be obliged to hang on to
failed applicants forms for longer than is necessary, which surely refers to
necessary for us and the failed applicant, not the Home Office (Principle 5).
We might eventually end up stretching
our retention for these from 6 months to 1year but I’m not keen.
Phil
From:
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[mailto:[log in to unmask]] On
Behalf Of Stock, Sara
Sent: 02 December 2008 09:17
To:
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Subject: Retention of HR
(personnel) records and the Home office
Dear all
I’ve recently been talking to my Personnel
department about retention of documentation. They have drawn to my attention
the Home Office guidance on documentation for migrant workers. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
(and see Appendix D). As I read it this guidance says that if a migrant worker
applies for a post the details of all other shortlisted applicants (emails,
CVs, names, addresses and the helpful “etc”) should be kept for the
duration the migrant is sponsored.
I’m told that for us this is likely to be a five
year period, and that many people prefer to then continue with migrant status,
so potentially we are keeping for personal details of people who didn’t
get a job here for 10 years, which seems a tad over the top to me.
Has anyone else picked up on this? Are you updating your
retention schedules accordingly? Or are you assuming that the word
“guidance” in the document title is pretty much synonymous with
“advice” and ignoring it?
Many thanks
Sara
Sara Stock
University Records
Manager
CO4 3SQ
Tel: (01206) 874853
E-mail: sstock
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