Paul Ticher on 27 May 2005 at 16:51 said:-
> 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.
Would the same considerations apply to personal data being held by an
employment agency that the data subject wished to no longer act on their
behalf, or from an organisation who has subsequently exhibited a total
disregard for the appropriate security measures?
> Data Protection is about getting a fair balance, not about
> giving the individual absolute control over what happens to
> their information.
Having come late to this thread the thrust of the discussion seems to me to
have been more about debating the consistent application of one rule across
all employment sectors rather than the fair application of the data
protection principles as a means of protecting the interests of individuals
whilst facilitating the free flow of information.
Should there not be a recognised expectation of some differences between
demands from the various stakeholders involved to reflect current
environmental circumstances, no matter what organisational size or sector.
Certainly Roland Perry's post of 28 May 2005 at 07:06 identifies a
transparent initial approach is a DP complaint method of beginning any
recruitment process thereby supporting the initial fairness in whatever
retention period has been determined as relevant by the organisation.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Paul Ticher
> Sent: 27 May 2005 16:51
> To: [log in to unmask]
> Subject: Re: Data subject rights - deleting data
>
>
> 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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