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Published 30 June 2023
The ICO has recently published new guidance, in the form of a series of questions and answers, specifically for employers on data subject access requests (DSARs).
While the guidance reflects the ICO's established guidance on the right of access, it provides helpful examples on issues which arise in the employment context, going further than the existing guidance. The key points to note for employers are set out below.
DSARs can be made:
The guidance gives some examples of DSARs stating "Please send me my HR file" or "What information do you hold on me?". It remains open to an employer to clarify a DSAR's scope.
The Q&As make it clear that the employer is the data controller of the information processed on platforms such as Facebook, WhatsApp, Twitter and Microsoft Teams pages for business purposes. Posts supplied to the employer from personal devices should also be considered for disclosure in certain circumstances. This makes it more important than ever that employers have policies in place setting out how these platforms should be used (or not used) to establish clear parameters around when the employer will be the relevant "data controller" .
What should employers do?
Following the publication of the Q&As, there are some steps that employers should consider taking to ensure best practice:
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