HR Records ...

[beckster]

Heya Peeps, need a little bit of advice about a situation with my previous employer.  I was made redundant 2 months ago and after a lot of arguing and quoting of the Data Protection Act managed to get my hands on a copy of my personnel file just before leaving.  It was quite surprising to see that there was a substantial amount of information that still held references to my previous name and gender, especially as I was informed by the HR manager who worked with me when I went full time that everything had been changed.

Would it be reasonable to expect that all of my records and personal information should have been updated ?  It seems like all they have changed is the little name tag on the outside of my file and have just left everything in it.  If anyone has any thoughts or experience with this it would be great to know !!

Ta
Becky x x

[Buffy]

Hey Beckster hon!

Pleased to see you again.

The Data Protection Act  1998 places duties on the employer and gives rights to the employee on the control and issue of data. As you have found one of your rights is that you can ask to see all of the data an employee keeps on you during your period of employment.

http://www.ico.gov.uk/what_we_cover/data_protection.aspx

One thing an employer cannot do is go back and change past records (prior to your name change) as this is illegal, they can not also give your details to any Company or third party without your consent. If they have done that they are in breach of their statutory duty.

If you think they have breached any of your rights or their legal duty then contact the Department of Constitutional affairs.

If you have A Gender Recognition Certificate under the Gender Recognition Act 2004 (and a re-issued Birth Certificate) then you are further protected for Data Protection as any Company and Government Organization has to archive your old records, so that their is no link between old and new gender. and again no one can release these records without your written consent.

Section 22 of the GRA 2004 defines this

http://www.opsi.gov.uk/acts/acts2004/ukpga_20040007_en_1

Buffy

All of the above do not apply if you are undergoing a Police Investigation or are a registered sex offender!!!

[beckster]

Yeah, nice to see you again also !!

Thanks for the info, I feel like I have been going around in circles since I got my records, cant beleive the amount of stuff that is missing from it.  I will have a read through the links you have mentioned and see where things sit, as it would stand on its own the records dont sound like they are the problem, but the fact that my personal information has been disclosed is !!

Thanks for you help hon x x