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Stuart Gentle Publisher at Onrec

Data protection

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The CIPD has long recommended that employers are open about their use of employee personal data and that they give staff access to their personal files, unless this would prejudice a third party or criminal investigation.

However, Diane Sinclair, our adviser on employee relations says: ìWhile we welcome the guidance on the Data Protection Act in relation to recruitment and selection, the code is still not clear about what is necessary to comply with the law and what, in the information commissionerís view, is good practiceî.

Sinclair continues: ìThe code is intended to be used by all organisations, both large and small. It is likely that it would have had a bigger impact if it had been more concise, and therefore more user friendly. This is only the first of four parts of the code, so employers have a lot to get to grips with. We urge the Information Commissioner to make the remaining three parts of the code clearer to employers.î

The code of practice: recruitment and selection was published for the first time on 14.3.2002 and will not be admissible in an employment tribunal until all four parts of the code are available.

www.dataprotection.gov.uk