What are my rights under the Data Protection Act?

The 1998 Act gives you important rights to ask your employer about the type of personal information your employer holds about you, how that information was obtained, how that information is or will be used and who is likely to have access to your personal information. You can also write to your employer, asking for a copy of the personal information held about you, provided this is held either on a computerised system, or is held on paper and is organised into a ‘relevant filing system’ (in other words is held in a fairly sophisticated, structured filing system, so that the information about you is easily located).

You can also ask your employer to correct, delete or destroy any personal information held about you which is factually incorrect. This may be particularly important in relation to disciplinary matters.

If the information is an opinion rather than a fact, it can only be challenged if the opinion is based on wrong facts. If you disagree with an opinion which is based on correct facts, it may be worth asking for your own views about the information to be added to the record. However, your employer does not have to agree to this.

Your employer must tell you what type of personal information is being recorded, why your personal information is being recorded, who is likely to have access to it and for what reason. Unless you have willingly given your employer permission to do so, your employer must not reveal your personal information to people who do not have a legitimate reason for seeing it. Your employer must also make sure that the information kept about you is accurate and up to date, and that it is not kept for any longer than is necessary.

Complaints about misuse of the Act are made to the Information Commissioner. You can find out more on the website, www.informationcommissioner.gov.uk