Anonymity currently remains conflicted in the early life of employment tribunals especially in relation to more delicate circumstances, such as sexual harassment in the workplace. Although when it does not involve criminal proceedings, anonymity is used to protect the reputation of all parties.

In some circumstances, employers facing an employment tribunal can claim for an anonymity order to protect their organisation. However, they must give valid reasoning for waving their right to anonymity and avoiding open justice.

Facing an employment tribunal claim can be problematic for employers, due to the negative press they may receive as a result, which may impact the organisations reputation, which is why applying for anonymity may be something to consider.

From the 25^th May 2018, to avoid the risk of breaching the General Data Protection Regulation, employer’s are obligated to take on new responsibilities, as well as updating their contracts, policies and procedures, in order to maintain compliance under the GDPR requirements.

This means employer’s must:

The legal requirements pertaining to surveillance and personal cameras are contained within the code of practice issued by the ICO.

Surveillance is now a proactive technology which can identify people and keep detailed records of activities.

As a consequence of the greater use of personal surveillance, the Protection of Freedoms Act (POFA) was passed in England and Wales. The POFA has seen the introduction of a new surveillance camera code and appointment of a Surveillance Camera Commissioner, while the ICO's code of practice adds even more enforcement powers.

The new European data legislation or GDPR requires a balance between the needs of the many and the needs of the individual.

The benefits and risks of using personal data splits opinion particularly within the medical research sector. 

'Big data' can digest previously unimaginable quantities of information and uncovers previously-unforeseen patterns.  On the one hand, it may address the challenges posed by chronic conditions such as heart disease or cancers. But, the way forward is less clear.  

A Subject Access Request (SAR) is a written request from an individual, in relation to their access to information, which they are entitled to ask for under the Data Protection Act.

There has been some debate on what must be included in an SAR:

Recently in relation to the inclusion or exemption of confidential references. As previously, under the Data Protection Act 1998, employees had the right to access their personal information, including references from current or former employers, although employers did have the right to refuse disclose of this information to the employee. In this instance, an employee could overrule the employer’s decision by applying to the recipient employer regarding their reference, whereby the employer could not decline disclosure.

Data protection is a term to over-arch the mitigation against failures in protection (confidentiality), accuracy (integrity) and access (availability) that can cause an impact to data subjects and ultimately, your business. Compliance is about the governance of the GDPR, and non-technical measures to adopt and adapt.

 Risk-assessments enable the decision-makers consider everything from contractors leaving with passwords and insider-knowledge and lead to changes in technology, anonymisation of databases, deletion of old, unnecessary records, role-based access to customer data and so on. 

But what about technical support and access to customer data, particularly when required on a large-scale? What measures are available to manage, minimize and control this?