By Darren Newman, Brightmine Consultant Editor and Susie Munro, Brightmine Senior Legal Editor
One of the most frequent issues raised by HR professionals in the context of data protection concerns the retention of records relating to current and former employees and job applicants. This guide aims to give some practical guidance on the requirements under the UK General Data Protection Regulation (retained from EU Regulation 2016/679 EU) (UK GDPR) in relation to the retention of records.
At the end of the Brexit transition period, the GDPR was converted into domestic law as the UK GDPR, so employers must continue to comply with the GDPR regime. The Government has also introduced the Data Protection Act 2018, which supplements the UK GDPR.
In this guide, learn about:
- Requirements of the UK GDPR
- Special categories of personal data and criminal records data
- The consequences of getting it wrong
- The data retention policy
- Recruitment records
- Recruitment data relating to unsuccessful candidates
- Recruitment data relating to successful candidates
- Maintaining personnel files
- Retaining records when the employment relationship has ended
- Defence against legal claims
- Specific record-keeping requirements
- References
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About the authors
Darren Newman
Employment Lawyer, Brightmine
Darren Newman is an employment lawyer and consultant editor at Brightmine. He qualified at the Bar in 1990, and has extensive experience of representing both employers and employees in the employment tribunal. Darren has provided employment law training to major government departments, commercial organisations, local authorities and public bodies.
Connect with Darren on LinkedIn
Susie Munro
Senior Legal Editor, Brightmine
Susie has over 20 years’ experience as a solicitor, writer and legal editor. She is responsible for the Brightmine How to guides and FAQs and also works on the Employment law cases.
Susie joined the Brightmine editorial team in 2009 having previously worked for Age Concern England, where she advised on and wrote about age discrimination and mandatory retirement.
After obtaining an LLB in law from Sussex University, then completing the Legal Practice Course at Bournemouth University, Susie qualified as a solicitor in 2004. She specialised in employment law, working in private practice for a firm in Birmingham.
Connect with Susie on LinkedIn.
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