Data Protection

Welcome to Allen & Overy’s Employment Talk blog, sharing with you our views and insights into the latest trends, risks and developments in this fast moving area around the use and misuse of data. It covers privacy, big data, ICO, monitoring, subject access requests, international transfers and safe harbour principles.

Significant tribunal costs award made against employee who recorded covertly

Rachel Reeves

Are covert recordings permitted? One of the issues that comes up time and time again concerns employees recording discussions covertly.  The issue is particularly relevant now as the opportunities to record while working remotely are even greater than in face to face meetings. The answer is that it is up to an employer whether recording Read More

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Are employers liable when an employee goes off on a frolic of his own?

Poppy Kevelighan

Away from Covid-19-related workplace issues, there has been some good news for employers in the Supreme Court’s recent decision in WM Morrison Supermarkets plc (Morrisons). In a data protection case, the court reversed the decisions of the lower courts, holding that Morrisons was not vicariously liable for a data breach perpetrated by a disgruntled employee.  Read More

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Reform of Income Tax in France: One Month Left to Comply with New Obligations

Claire Toumieux

After 60 years of fierce debate, France has eventually decided to reform its income tax system and shift the burden of income tax collection from the State to employers, thus aligning itself with all other EU Member States and most Western countries. As of 1 January 2019, employers will thus be under an obligation to Read More

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Whose data? You decide…

Kathryn Kerr

Do you feel caught between a rock and a hard place when a DSAR from one employee is interwoven with another employee’s data? Good news – the Court of Appeal has clarified how to handle these “mixed data” cases, giving you more freedom to decide and stronger grounds to resist a challenge. In the case Read More

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Prison for employees who misuse confidential information?

Andrew Howard

Yes. The High Court sentenced a former employee (who was in breach of a court order for injunctive relief obtained in relation to confidential information) to six weeks in prison. This case serves as a stark warning to employees of the ultimate sanction for misuse of confidential information. For employers, it is another tool in Read More

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A29 Working Party Opinion on Data Processing at Work

Nigel Parker

The boundaries between work and home are increasingly blurred. This means employee monitoring activities can inadvertently extend to monitoring employees in a private context. The Article 29 Working Party recently published a new opinion concerning data processing at work. It covers a wide range of topics, including the processing of employee data on social media Read More

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Employee misuse of Company data – another weapon in the employer’s armoury

Sarah Henchoz

Employees misusing confidential data, particularly in readiness for a move to a competitor, is sadly an all too common occurrence. While employers are likely to have express clauses on confidentiality in their employment contracts and such action by employees is likely to amount to gross misconduct, employees who are leaving may simply be blasé about Read More

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