Anna Dannreuther co-chaired an 18-member working group from the Employment Lawyers Association to respond to the Information Commissioner’s Office call for views on employment practices.
The group’s response highlights significant legal, cultural and technological changes that have occurred during the 10 years since the Employment Practices Code was published. These include GDPR, the Data Protection Act 2018, amendments relating to the UK’s withdrawal from the EU as well as case law from the ECHR, ECJ and UK appellate and first-instance courts and tribunals.
The response also discusses legal and practical issues associated with the recurring themes of:
- consent in an employment context
- the nature of an employment relationship almost always involving the processing of special category data
- a need for guidance for employers (and employees/workers) concerning data subject access requests (SARs)
- more employee data being processed with employers’ increased use of technology in recent years (accelerated by the Covid-19 pandemic)
- important implications for how data can be transferred between the UK and other countries because of the changing landscape of data protection law precipitated by Brexit.
Anna co-chaired the response with Clare Fletcher of Slaughter and May.
About the Employment Lawyers Association
The Employment Lawyers Association is made up of about 6,000 lawyers who practise in the field of employment law. Members include those who represent claimants and respondents/defendants in the courts and employment tribunals and who advise both employees and employers.