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Wednesday, 3 October 2023

Personal data: what your employer can keep

All employers need to keep certain records about you. Some of these are required by law and some are for your employer’s purposes. Find out what information is held about you and your right to access it.

What information is kept on record

Every employer should keep personal details for every worker, which include:

  • name
  • address
  • date of birth
  • sex
  • education and qualifications
  • work experience
  • National Insurance number
  • tax code
  • details of any known disability
  • emergency contact details

They will also keep details such as:

  • your employment history with the organisation
  • your employment terms and conditions – pay, hours of work, holidays, benefits
  • your absence details
  • details of any accidents connected with work
  • details of any training taken
  • details of any disciplinary action

Reasons personnel records are kept

Your employer should let you know:

  • what records are kept and the way these are used
  • the confidentiality of human resources and personal records
  • how these records can help your training and development

Employers keep personnel information about you as it allows them to:

  • make sure you receive correct pay, holiday, pension and other entitlements and benefits
  • make decisions based on fact rather than guesswork
  • keep a record of absence, sickness and discipline action
  • know what resources are available to them

Accurate personnel records will also help with recruitment, training and development, and promotion.

Gain access to information held about you

The Data Protection Act gives you the right to know what information is held about you.

The Act makes sure that personal information held by employers is:

  • secure
  • fairly and lawfully held
  • accurate and up to date
  • held for limited purposes
  • not kept for longer than necessary

To find out what personal information of yours is held you should speak to your employer. They will have 40 calendar days to provide a copy of your information to you.

If you have a complaint about the handling of your personal information you can get in touch with the Information Commissioner’s Office (ICO). They are an independent authority set up to protect personal information.

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