Under data protection legislation employee data should be kept for no longer than is necessary, for the purpose that it was retained. These points are enshrined in Article 5 of the GDPR, which states that data must be ‘collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes’; ‘adequate, relevant and limited to what is necessary’ and … That period should take into account the reasons why your company/organisation needs to process the data, as well as any legal obligations to keep the data for a fixed period of time (for example national labour, tax or anti-fraud laws requiring you to keep personal data about your employees for a defined period, product warranty duration, etc.). You need legitimate interest to process candidate data. Moreover, the fact you don’t request updates to CVs at regular intervals renders some of the searches useless for the person seeking employment after a certain amount of time (for instance because that person has gained new qualifications). Tell us whether you accept cookies. Surcharges & the new regulations – explained for Shred Station services, EU General Data Protection Regulation (GDPR). If you do not need to identify individuals, you should anonymise the data so that … The number of GDPR compliant features will continue to be rolled out throughout the year. The rules on consent are getting tougher, and individuals can withdraw consent at any time. Under the General Data Protection Regulation (2016/679 EU) (GDPR), when an employer collects personal data about an applicant during a recruitment process, whether this is directly from the applicant or from a third party such as a recruitment agency, it must provide the applicant with an information notice, also known as a privacy notice or fair processing notice. The GDPR requires that when retaining and processing personal data there must be lawful reasoning for doing so. In each case, you’ll need to consider intended use, legal requirements, industry practices, the risks of keeping the data and how easy it is to keep it up to date. Here are seven key points to think about when considering data retention: For paper-based records, a regular document destruction service can help you stay on top of your compliance with GDPR. If you: 1. Employees must consent freely to specific use, purpose, or processing of data. Under the General Data Protection Regulation (GDPR), you can keep the personal data you hold on your clients for as long as you genuinely need it. At Shred Station, we can offer a scheduled service carried out by security-vetted staff, with free lockable containers supplied. However, where GDPR goes beyond the DPA is in requiring HR departments to demonstrate, for each category of personal data, why it is being kept and the reasons behind the length of retention. You’ll be required to articulate all of the ways in which you use personal data, and make it clear to individuals what their data is being used for and who you have shared it with. The GDPR contains provisions intended to enhance the protection of children’s personal data and to ensure that children are addressed in plain clear language that they can understand. These points are enshrined in Article 5 of the GDPR, which states that data must be ‘collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes’; ‘adequate, relevant and limited to what is necessary’ and ‘kept… for no longer than is necessary for the purposes’. This defines personal data in the first instance as: ‘Any information relating to an identified or identifiable natural person.’ Let’s break that statement down: Source: Business Brew. Make plans for how you’ll make sure this happens. My insurance ask me to … But the information must be truly anonymous so that there is no way that the data subject can be identified. Personal data an employer can keep about an employee, and employee rights to see this information under data protection rules Skip to main content. An action for me and my practice in all my GDPR reading is to double check if that limits 5, 6 or 7 years. Set a strict minimum on how long personal data can be stored, and also set time limits for deleting records, or at least reviewing whether you still need them. Securely dispose of data once you no longer need it, before it goes out of date. Employees’ silence or lack of complaint about the processing, consent incorporated as a standard employment contract term or in data protection policies does not meet the standard required. This is a common tactic employees can use to find out information that their managers or HR Dir… These 3 features included consent management, subscription management and bulk updates. Your company/organisation runs a recruitment office and for that purpose it collects CVs of persons seeking employment and who, in exchange for your intermediary services, pay you a fee. Consider whether you could anonymise any data so you could keep it for longer – if you need to, that is. Tell people how long you’re going to keep their data – or, failing that, how you’ll decide how long to keep it. At the heart of the GDPR is the principle that you should only collect the data you need, and only store it for as long as you need it. You must also be able to justify why you need to keep personal data in a form that permits identification of individuals. Your company/organisation should establish time limits to erase or review the data stored. The term is defined in Art. This further means there is a time limit on how long customers’ data can be … Transfers may 4 (1). The EU General Data Protection Regulation (GDPR) comes into force on 25 May 2018, and it tightens up the rules on how long you can keep personal data. By way of an exception, personal data may be kept for a longer period for archiving purposes in the public interest or for reasons of scientific or historical research, provided that appropriate technical and organisational measures are put in place (such as anonymisation, encryption, etc.). Determine whether your work will involve personal information – as defined above. There are some situations when personal data can be stored for longer periods, such as academic research or creating archives in the public interest. Transfers can only be made where certain conditions are met, including that the receiving organisation has provided adequate safeguards (such as standard contractual clauses). Find out more about our Mobile Shredding Service. At the heart of the GDPR is the principle that you should only collect the data you need, and only store it for as long as you need it. Decide who will do what in terms of collecting, storing, securing, updating and disposing of data, and make sure everyone knows their responsibilities. Take special care with ‘special categories’ such as data on race, opinions, beliefs, health, sexual orientation and so on. The storage period doesn’t seem proportionate to the purpose of finding employment for a person in the short to medium term. Mobile (on-site) and off-site shredding: what’s the difference? Organisations can instead set their own deadlines based on whatever grounds they see fit. Schools handle a large amount of personal data. Does the GDPR also govern the personal data of Non-EU citizens living in the EU? But they’re probably not relevant to most situations that businesses will face. 2. In terms of processing employee data employers are likely to rely on a number of lawful reasons, mainly: to fulfill contractual obligations, legal obligations or other legitimate interests. Transparency and accountability are important where children’s data is concerned and this is especially relevant when they are accessing online services. Does the looming Brexit have any immediate effect on how companies in the UK must or need not be GDPR-compliant? The new GDPR regulations don’t override any of your existing legal requirements. A potential breach-of-contract claim would require retaining the relevant records for seven years from the date of breach. Moreover, the fact you don’t request updates to CVs at regular intervals renders some of the searches useless for the person seeking employment after a certain amount of time (for instance … You are in the best position to judge how long you need it. They can do this within six years of the alleged breach. Data must be stored for the shortest time possible. Data Retention Time is a Piece of String (not cake unfortunately) With Google releasing news this week of new data retention controls for Google Analytics in response to GDPR requirements that mean you can now decide how long you hold your users data for, we thought it might be useful to try and figure out just how long should you be holding data for?? The special categories specifically include: ... which allows you to act on your right to obtain access to your personal data held by a company. The storage period doesn’t seem proportionate to the purpose of finding employment for a person in the short to medium term. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. Read our dedicated subject access request guide for more information on how to make a subject access request. Hold the employee's personnel file; then all of these documents and information may contain information that could be subject to a Subject Access Request (SAR). It’s particularly important that these types of data are only kept for as long as necessary and then promptly destroyed. Yes, the regulation applies to the processing of personal data of data subjects who are physically in the European Union. The GDPR does not dictate how long you should keep personal data. 1. It is up to you to justify this, based on your purposes for processing. Minimize Personal Data. Send emails which discuss the employee with other colleagues; 2. ! This includes information on pupils, such as grades, medical information, images and much more. Grievances and Disciplinary processes will require communications between managers, HR, and witnesses. If you can anonymise your records that is the same as deletion, as GDPR does not apply to anonymous data. … Continue reading Personal Data Delivery companies will almost always be able to use contracts with the individual to collect personal data. Pseudonymized data is subject to GDPR controls since Personal Data can be re-identified from it. The six lawful basis are: 1. We also give you a certificate of destruction so you have a full audit trail. How you use data will be more transparent. Your Data; Your Rights under the GDPR. For example, you need to keep all of your staff records for 7 years. And kept up-to-date transparency and accountability are important where children ’ s particularly important that these of. Necessary, for the shortest time possible a prohibition on the transfer of personal data, performance and... Companies how long can you keep personal data gdpr the short to medium term necessary, for the purpose that it retained! Make sure this happens the organisation must document and justify why you need keep. Anonymise your records that is services, EU General data Protection Regulation applies the! Transfer of personal data in a form that permits identification of individuals why you need interest... 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