Employee privacy and data protection issues are now a routine part of managing people, systems, and risk. From recruitment records and sickness absence data to staff monitoring, subject access requests, and exit processes, employers must balance legitimate business needs with their obligations under data protection law. At DTM Legal, our Employment & HR team provides clear, practical advice to help employers handle workforce data lawfully, fairly, and with confidence.
Supporting Employers with Workforce Data and Privacy Issues
Managing employee data is rarely just an HR or IT issue. Privacy considerations can arise throughout the employment relationship, including recruitment, onboarding, day-to-day management, investigations, sickness absence, disciplinary action, and termination of employment. Issues can become particularly sensitive where employers are processing special category data, introducing monitoring tools, or responding to requests for access to personal data.
Our solicitors support employers in putting the right frameworks in place and responding quickly when issues arise, helping to reduce legal risk, protect confidential information, and maintain trust within the workplace.
Key Considerations for Employers
When handling employee data and privacy issues, employers should consider:
- Transparency and privacy information – Have you clearly told staff, workers, and candidates what information you collect, why you use it, how long you keep it, and who it may be shared with?
- Lawful basis for processing – Have you identified the correct lawful basis for processing workforce data, rather than relying on consent where it may not be appropriate in an employment context?
- Special category data – If you are processing health data or other more sensitive information, have you identified the additional condition required by law?
- Monitoring at work – If you are monitoring emails, internet use, calls, location data, CCTV, or other activity, is that monitoring necessary, proportionate, and properly documented? Do you have a policy informing staff about what is being monitored and why?
- Subject access requests – Do you have a clear process for recognising and responding to SARs made by employees or former employees?
- Data minimisation and retention – Are you only collecting the information you genuinely need, and retaining it for no longer than necessary?
- Security and confidentiality – Are appropriate technical and organisational measures in place to protect employee data and restrict access internally?
- Investigations and internal processes – When dealing with grievances, disciplinaries, whistleblowing concerns, or misconduct investigations, are you handling personal data fairly and sharing it only on a need-to-know basis?
- Health and absence information – Are sickness, occupational health, and medical records being handled with the extra care required for sensitive personal data?
- Leavers and business protection – When employment ends, are access rights, devices, records, and confidential information being managed appropriately?
Our Privacy, Monitoring & Data Protection Services
DTM Legal supports employers across a wide range of employee privacy and data protection issues. Our services include:
- Advising on employee privacy obligations and workforce data governance
- Drafting and reviewing staff privacy notices, data protection policies, monitoring policies, and related HR documentation
- Advising on lawful processing of employee records, including personnel files, sickness records, absence data, and performance information
- Supporting employers with workplace monitoring issues, including email, internet, device, CCTV, and other forms of employee monitoring
- Advising on the handling of special category data, including health and occupational health information
- Assisting with subject access requests raised by employees, workers, and former employees
- Advising on data sharing during disciplinary, dismissal & grievance processes
- Supporting employers following data breaches involving employee information
- Advising on confidentiality, access to systems, and data handling during employee exits
- Working alongside your internal HR, leadership, and data protection teams to put practical and defensible processes in place
Why Instruct DTM Legal?
Employee data protection issues often sit at the intersection of employment law, HR practice, compliance, and reputation management. Employers need advice that is legally robust, commercially sensible, and workable in the real world.
At DTM Legal, our Employment & HR team understands the operational pressures employers face. We provide pragmatic support that helps you make informed decisions, reduce risk, and maintain confidence in the way your business handles sensitive workforce information.
Get in Touch
To speak to a member of our Employment & HR team about employee privacy and data protection issues, call us on 01244 354 800 / 0151 321 0000 or email employment@dtmlegal.com. We’re here to help you manage workforce data confidently, lawfully, and with minimal disruption to your business.
FAQs: Employee Privacy & Data Protection Services for Employers
What employee data can an employer lawfully keep?
Employers can keep personal data where they have a valid reason for doing so and where the information is relevant to the employment relationship. That may include payroll details, contact information, performance records, absence records, and information needed to meet legal obligations. Employers should only collect what they need, keep it accurate, secure it properly, and avoid retaining it for longer than necessary. The purpose for keeping it and the relevant timescales should be set out in a privacy notice.
Can we rely on employee consent to process staff data?
Not always. In employment relationships, consent is often difficult to rely on because of the imbalance of power between employer and worker. In many cases, employers will need to identify another lawful basis for processing employee data.
Can employees make a subject access request verbally?
Yes. A subject access request does not need to be made in a particular format. It can be made verbally or in writing, and it does not have to mention data protection law to be valid. Employers should have a clear process for recognising and responding to requests promptly.
Can we monitor employees at work?
Monitoring may be possible, but it must be necessary, proportionate, and handled transparently. Employers should be clear about why monitoring is needed, whether there is a less intrusive option, and what information workers have been told. In some cases, a data protection impact assessment may also be appropriate.
Is health information treated differently?
Yes. Information about a worker’s health is particularly sensitive and is subject to additional protections. Employers need to identify both a lawful basis for processing and an additional condition for handling this type of data.
