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.

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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Cybersecurity and employee breaches

Michael Horrocks

Technological advances and growing connectivity have provided huge opportunities for companies, offering new ways of working and broadening their global reach. However, these developments have also brought new threats. Cyber attacks are becoming increasingly sophisticated, widespread and disruptive; they represent a level of risk that is difficult to control and mitigate. In light of these Read More

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Privacy – do employees have a right to it?

Sheila Fahy

Do employees have a right to privacy? Employees could be forgiven for thinking that they do not following recent headlines generated by the Barbulescu v Romania case, where the employer accessed private messages. This is a question that numerous friends and colleagues have asked me following recent headlines. Read More

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Big data put to work

Inge Vanderreken

Data protection rules are being tightened to protect the privacy of consumers and employees across the world. In Europe, a new Regulation is being drawn up, which is backed up with the threat of significant financial penalties and criminal sanctions. The ECJ is also bolstering the right to data protection by giving individuals enhanced control Read More

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