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If your business collects personal information from staff members, the UK General Data Protection Regulation (UK GDPR) rules will apply to you. One of your obligations will include providing your staff with a compliant staff privacy notice. A staff privacy notice is a critical document that outlines how employers collect, use, share and protect their employees’ data and a range of other critical transparency information. Drafting this document requires careful attention to detail and consideration of legal issues. This is why businesses may seek legal support to ensure they get this right. This article explores whether a solicitor should draft your staff privacy notice and the benefits this support could offer.
Why is a Staff Privacy Notice Important?
Whilst your business must protect customer personal data, it should not overlook staff data. Staff personal information also falls within the scope of the UK GDPR rules.
Transparency is a key principle and essential when a business processes personal data related to its staff. Under the UK GDPR rules, employees and other staff members have the right to know how their data is used.
A staff privacy notice fulfils this obligation by providing detailed information about how an employer uses personal information about its staff. This transparency obligation applies to all staff types, including freelancers, contractors, volunteers, and interns.
A business is likely to collect or otherwise use a range of personal data from staff. This can include names, dates of birth, contact details, passport information and national insurance numbers. It can also include DBS check details, financial information, and potentially health and medical data.
Given the sensitivity and volume of this information, staff must understand how and why their employer collects and uses their personal information. A staff privacy notice is a comprehensive document that an employer should carefully tailor to its organisation and issue to staff for them to read.
How Can a Solicitor Support You with Your Staff Privacy Notice?
A staff privacy notice must be detailed and comprehensive to comply with the UK GDPR’s transparency requirements.
Further, it must be bespoke and specific to cover the operations of the relevant employer business. A generic staff privacy notice is unlikely to be UK GDPR compliant.
Here are some ways a data protection solicitor can help you with your staff privacy notice:
A Solicitor Will Offer Legal Expertise and Ensure Your Staff Privacy Notice is Compliant
The UK GDPR sets out stringent requirements for providing information regarding the use of personal data.
A staff privacy notice must include several specific details. This includes the types of data collected, the purposes for data processing, data retention periods, and staff rights.
Navigating these requirements can be complex. A solicitor specialising in data protection law understands and will adequately guide you on these legal rules. They will ensure your staff privacy notice complies with essential legal requirements. This can help your business avoid the risk of non-compliance and potential penalties.
Data protection laws are evolving fast, so you must update your staff privacy notice from time to time if required. A solicitor can help you stay informed about changes in data protection law rules and update your privacy notice as necessary to help ensure ongoing compliance. This proactive approach will help you stay informed about legal requirements and avoid pitfalls.
A Solicitor Will Help Ensure That Your Privacy Notice is Bespoke for Your Business
Every business handles personal data differently. A generic template staff privacy notice will not address your specific data processing activities. Using an inaccurate notice will mean a compliance risk for your business.
For instance, your staff privacy notice may need to include various niche details. For example, it may need to include information about various third parties you share personal data with or if you carry out any automated decision-making regarding staff. It will also need to include the legal basis for processing different types of staff personal data, which a solicitor can guide you on.
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Advice on Wider Staff Privacy Notice Issues
In addition to preparing a staff privacy notice, your business must take the correct steps to roll it out at the right time.
A solicitor can advise on additional crucial compliance issues. These include matters such as when and how to issue the notice to ensure compliance with the UK GDPR.
This factsheet sets out how your business can become GDPR compliant.
A solicitor can also offer valuable advice on niche issues, such as when it might be appropriate to periodically issue shorter, separate privacy notices when your business requires them. For instance, the requirement to issue short-form notices can explain why data is being processed occasionally and remind staff to refer to the main privacy notice. A solicitor can also generally guide you on when you need to update your staff privacy notice from time to time.
Failing to comply with UK GDPR can have several negative consequences, from enforcement action to fines and complaints. Problems and complaints from staff can be particularly damaging for a business. Overall, whilst advice from a solicitor is not mandatory, it can be invaluable to your company and give you comfort that your staff privacy notice is compliant with data protection laws (including the Data Protection Act).
Key Takeaways
Drafting a staff privacy notice is a critical task that requires careful attention to detail and thought. Working with a data protection solicitor will help ensure your document complies with UK GDPR rules and is accurate and tailored. Given the importance of a staff privacy notice for compliance, investing in legal advice on this document can be a sensible investment and give your business peace of mind that your document is accurate and compliant with legal rules.
If you help with a staff privacy notice, LegalVision’s experienced data, privacy, and IT lawyers can assist you as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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