The Information Commissioner's Office (ICO) has published two new sets of draft guidance for employers and recruiters which explain how to comply with their data protection obligations arising from retention of employee data and staff recruitment procedures.
These sets of guidance are open for public consultation until 5 March 2024.
The guidance on employee records covers topics which include the types of data held by employers, selecting an appropriate lawful basis for retention purposes, working with employee consent, managing data retention periods and keeping all data accurate and up-to-date. It contains useful checklists for employers to refer to.
The guidance on recruitment and selection is aimed at employers and organisations which carry out recruitment on behalf of employers, such as recruitment agencies, head-hunters or consultancies. It explains how to process candidates' data fairly and lawfully and how to use automated decision making and profiling. It also covers security and data sharing requirements, and compliance with employee's rights as data subjects.
The ICO will also be releasing additional practical tools to accompany the guidance and to help support best data protection practice among employers and other recruiters.
