Employment lawyers in disarray over data protection laws

Employment lawyers are struggling to advise clients about disclosing personal information to employees because data protection laws are unclear, the Employment Lawyers Association (ELA) warned last week.

Responding to a Lord Chancellor's Department consultation on employees' rights to access personal information held by their employers, the ELA surveyed its members and found that employers and their legal advisers were uncertain as to how they should respond to the rapidly increasing number of requests for information.

The greatest uncertainty related to the level of information they are obliged to disclose.

The ELA said greater clarity was needed.

The survey found that the key motivators for employees in making such requests were in support of a possible legal action, and to pressure employers to settle a dispute.

James Davies, chairman of the ELA's workplace privacy working group, is joint head of employment at City firm Lewis Silkin, which acts for both employers and employees.

Mr Davies pointed out that from an employee point of view, the lack of clarity also made it difficult to challenge an employer's refusal to supply information.

Disputes are referred to the information commissioner for resolution.

Neil Rose