The Data Protection Act 1998 became law on July 16 this year and is expected to come into force early next year.

The Act introduces, amongst other things, important changes relating to personnel records.

Unlike its predecessor, the Data Protection Act 1984, the Act applies to records held manually as well as on computer. What is required is that the manual records form some part of an organised filing system.

The Act requires that computerised and manual personnel records are:

Processes lawfully and fairly;

Obtained only for specified and lawful purposes;

Adequate, relevant and not excessive;

Accurate, up-to-date and held for no longer than necessary;

Protected against accidental loss or disclosure;

There is also protection in respect of the storage or handling of sensitive personnel date. Employees will have the right to see or be told what information is being held about them on personnel files and, in certain circumstances, to have it corrected. As under the current Act, rights can be enforced by the Data Protection Commissioner.

There is a lengthy transitional period. Manual records which are already in the system as at October 24, 1998, are full exempt until October 23, 2001 and, to a limited extent, until October 23, 2007. But new manual records will be covered immediately.

Employers will be well advised to review their manual personnel records now (as they should already have done with their computer records) to see what information is held and that such information is accurate and up-to-date.

Richard Wilson is senior partner with Gordons Wright & Wright.

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