August 31, 2021

ICO opens consultation on updating Employment Practices Code

Specialist Employment Law solicitor, Hilary Burgess, discusses a recent announcement from the ICO.

The UK’s data protection authority, the Information Commissioner’s Office (“ICO”) is calling for views on data protection and employment practices to help with the replacement of its current Employment Practices Code. The ICO is inviting responses from as many sectors as possible including “large and small businesses, workers, trade unions, professional and trade bodies”.  The consultation will be open until 21 October 2021.

The current Employment Practices Code provides invaluable guidance which aims to promote good practice and assist employers in complying with their data protection obligations (under the 1998 Data Protection Act). However, it has not been updated since the introduction of the Data Protection Act 2018.

The intention is to replace the current Employment Practices Code with an updated version which will incorporate the changes in data protection law and take into account any technological advancements.

Like its predecessor, the ICO envisages that the new guidance will also include topics such as recruitment and selection, employment records, monitoring of workers, and information about workers’ health.

 Views can be expressed to the ICO here.

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