Should employers be concerned about data subject access requests in redundancy situations?Posted in : First Tuesday Q&A ROI on 3 October 2017 Issues covered:
The short answer – yes.
A data subject access request entitles an employee to be provided with a copy of all personal data from which he/she can be identified that is held on file by his employer within a 40 day timeframe subject to receipt of a nominal fee. The risk factor for employers in the context of a redundancy situation is that an employee will be entitled to copies of any emails or minutes of meetings where that employee's conduct and/or performance was discussed.
Effectively the employee will be looking for a "smoking gun" to build a case that the purported redundancy of his/her role is a "sham" and the employer is effectively looking to exit that employee on grounds of poor
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Back to Q&A's This article is correct at 03/10/2017
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