Data Protection In The Workplace – DPC Guidance

The Irish Data Protection Commission ("DPC") recently published guidance for employers (as data controllers) regarding their data processing obligations and duties when processing the personal data of employees, former employees and prospective employees (the "Guidance"). The Guidance considers the legal bases for processing employee data, in particular occupational health data, and employer policies, monitoring employees, and employee rights. It also includes some practical case studies.

The Guidance is timely given the willingness of data protection authorities to impose fines for the unlawful surveillance of employees and the upward trajectory of fines. The fines show the importance of employers ensuring that they comply with their data protection obligations when processing employee data, and prior to implementing any employee monitoring measures.