HR and GDPR
As HR functions become increasingly digital, the ‘digital footprint’ of every employee expands. From recruitment AI to payroll processing, your business acts as a custodian of deeply personal information. Under the current data protection framework, ‘good enough’ is no longer a defense. Compliance requires active accountability, from the moment a CV lands in your inbox to the day an employee exercises their ‘right to be forgotten’ after leaving the company.
Data Protection
HR and GDPR Compliance
The General Data Protection Regulation (GDPR) has fundamentally shifted the balance of power regarding personal information. For employers, the burden of proof has reversed: it is now your responsibility to justify why you are holding employee data.
The Accountability Principle
You must not only comply with data principles but be able to demonstrate that compliance through policies, impact assessments, and clear audit trails.
Deadlines & Risks
Mandatory Requirements
Strict deadlines apply once a request is received. The rejection if necessary must be provided in writing.
72 Hours
All data breaches (accidental loss or disclosure) must be reported to the ICO within 72 hours. Failure leads to significant fines.
1 Month
Employers have exactly one month to comply with a Subject Access Request (SAR). You can only charge if it is “manifestly unfounded.”
Data Subject Rights
What Employees Can Demand
GDPR grants employees and job applicants significant control over their personal files.
Right to be Informed
You must issue privacy notices to staff and applicants explaining exactly how their data is used.
Right to be Forgotten
Under certain circumstances, employees can demand the total deletion of their personal data.
Right to Rectification
The right to have inaccurate or incomplete data corrected immediately.
Right to Portability
Allows employees to obtain and reuse their data for their own purposes across different services.
Right of Access
The ability to request a full copy of all data held on them (Subject Access Request).
Right to Restrict Processing
The right to block or suppress the processing of their data in specific scenarios.
Special Categories
Handling Sensitive Information
Personal data isn’t just a name. It includes IP addresses, cookie strings, and “Special Category” data which requires higher protection levels.
What constitutes “Sensitive Data”?
Racial or ethnic origin, political opinions, religious beliefs, trade-union membership, genetic/biometric data, health data, and sexual orientation.
Security Obligations
You must take technical measures (like Pseudonymisation) to prevent loss or theft. If you use third-party payroll providers or contractors, you are responsible for ensuring they are also GDPR compliant.
Expert Guidance
Is Your Business Compliant?
We provide privacy notices, record retention policies, and Privacy Impact Assessments (PIAs) to put you on the road to full compliance.
Facing a Tribunal? Don't be scared.
If you cannot reach an agreement, engage competent representation. Go in there with your representative and be positive.
Recommended Further Information
Our HR and GDPR expertise helps companies in Finchley, London, and the Home Counties handle data breaches and subject access requests safely.