Privacy and Data Protection

Duncan Lewis Employment Law Solicitors – Privacy and Data Protection

Employees and job applicants are protected under the Data Protection Act 2018, which replaced the Data Protection Act 1998. The 2018 Act provides a comprehensive data protection framework for the UK. In addition to implementing the UK GDPR, it also governs the processing of general data, law-enforcement data and national-security data.

The legislation tailors the GDPR to work effectively for the UK in key areas such as academic research, financial services and child protection. Its primary purpose is to protect individuals from the misuse of their personal information and to uphold their right to privacy.

Employers and recruiters routinely access and hold a wide range of personal information about employees and job applicants. Under the Data Protection Act, they have a legal duty to handle this information fairly, lawfully and transparently, and to protect an employee’s or jobseeker’s rights at all times.

The Act defines the protected information as “personal data”, meaning:

“Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to that person’s physical, physiological, genetic, mental, economic, cultural or social identity.”

Examples of personal data include:

• Address
• Bank details
• Date of birth and age
• Racial or ethnic origin
• Health information
• Marital status
• Sex and sexual orientation
• Political opinions
• Religious or philosophical beliefs

In some roles, applicants may also be required to disclose information about criminal convictions or certain civil matters such as fixed-penalty notices. This information is likewise protected under data-protection law.

Employees have a legal right to ask their employer what personal information is held about them and how long it will be retained.

The Information Commissioner’s Office (ICO) has the power to issue monetary penalties for infringements of the 2018 Act. Fines can be up to £17.5 million or 4 % of a company’s total annual worldwide turnover, whichever is higher.

While failure to comply with a Data Subject Access Request (DSAR) is generally a civil matter, section 173 of the Data Protection Act 2018 makes it a criminal offence to alter, erase or conceal information once a DSAR has been received, if done to prevent disclosure.

Employees or job applicants who believe their privacy has been compromised—or who suspect a breach of data protection—should seek specialist legal advice from an employment law solicitor such as Duncan Lewis.

Breaches of data protection can lead to serious consequences, including identity theft or financial fraud. They can also cause significant distress and damage an individual’s employment prospects or personal security if their data is made public.

Duncan Lewis employment law solicitors can advise at any stage of a case involving privacy issues at work or breaches of data protection in the workplace. We also advise on making a claim against an employer who has failed to protect an employee’s or applicant’s personal data under the Act.

Duncan Lewis Employment Law Solicitors – How we can help you

Our employment lawyers act for both claimants and respondents in all Employment Tribunal matters.

The Duncan Lewis employment team represents employers of all sizes and advises individual and collective employees on matters arising under the Employment Rights Act 1996 and on privacy and data protection issues under the Data Protection Act 2018 and UK GDPR.

Duncan Lewis Employment Law Solicitors – Fees

Duncan Lewis employment solicitors operate a transparent fee structure and offer a range of competitively priced funding options for claimants and respondents, including:

• No-win, no-fee arrangements
• Damages-based agreements
• Contingency fees
• Fixed-fee services (for specific tasks)
• Insurance-funded cases

Some matters may also be covered by Home or Contents Insurance that includes Employment Protection Cover.

We believe clients should always know what they will be paying. Clear advice on the most suitable funding option is provided at the initial meeting.

Duncan Lewis Employment Law Solicitors – When to contact us

If you are facing employment issues involving privacy or data protection, it is important to obtain legal advice promptly to understand your rights and avoid limitation problems.

Duncan Lewis can provide clear, practical advice at any stage of an employment matter, including guidance on pursuing a claim for breach of privacy or data protection in the Employment Tribunal.

We also have a strong track record in advising employers and businesses on compliance, employee data management and disputes involving privacy or data protection.

Duncan Lewis Employment Law Solicitors – How to contact us

For expert legal advice on employment, privacy and data-protection matters, call Duncan Lewis Employment Solicitors on 033 3772 0409.