The new Act will oblige employers to give individuals certain information when personal data is being collected about them, whether from the individuals themselves or from other sources.
They have to be told the identity of the person controlling the information and the purposes for which it is intended. ''This information could again be included at little expense in an offer letter or the employment contract to ensure that the employer is complying with his data protection obligations,'' said Eilidh Cameron.
''Where personal information about employees is to be used for an unusual purpose - for example, trading or marketing - care should be taken. If the purpose has not been anticipated and previously brought to the attention of the individual, he may need to be warned about the intended use.''
The individual also has a right to a copy of personal data held by the employer which will extend eventually to manual files. The data must be supplied within 40 days and a charge may be made.
''In the employment field several exceptions to these access provisions should comfort employers a little,'' she said. ''Confidential references given by an employer when the employee is seeking work are exempted, although employers should be aware of an increasing risk of claims by employees if an inaccurate reference is given.
''Information recording the intentions of the employer when negotiating - for example, a salary increase - with the individual is exempt where access to the information is likely to damage those negotiations.''
''Personal information used for management forecasting or planning is exempt. Hopefully employee appraisals and evaluations would fall into this exemption, but employers should be aware that it may be some time before it is established what situations will be covered by the various exemptions.''
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