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Navigating data protection compliance - ICO's draft guidance for employers

on Friday, 05 January 2024.

The Information Commissioner's Office (ICO) has published two sets of draft guidance on data protection compliance for employers and recruiters. Consultation on the draft guidance will be open until 5 March 2024.

Draft guidance

The first piece of draft guidance is on keeping employment records. The second is on recruitment and selection. Both pieces of guidance are intended to help employers and recruiters comply with data protection law and good practice. Topics covered include selecting an appropriate lawful basis for data processing, managing retention periods, the rights that individuals have regarding their personal data and the use of automated decision making (eg artificial intelligence) during recruitment. The recruitment and retention guidance focuses on how to process candidate data fairly and lawfully.

The new draft guidance is the ICO's latest addition to its online resource for employers. The ICO has said it also intends to provide practical tools, including checklists, to sit alongside the guidance.

A survey is available for organisations that wish to respond to the consultation. The consultation closes at 5pm on 5 March 2024.


For more information or advice, please contact Mark Stevens in our Employment team on 0117 314 5401, or complete the form below.

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