In June 2014 the Information Commissioner published new Guidance for organisations as to how to comply with their data protection obligations when providing employee liability information under Reg 11. To access the Guidance click on the link below:
ICO Guidance on the disclosure of employee information under TUPE 2014
The Guidance makes the following practical points:
- Think about data protection early in the TUPE process.
- Agree what information you should transfer, and how, well before a transfer takes place.
- Make sure those responsible for negotiating the transfer of staff are aware of their responsibilities to comply with the data protection principles, for example, to keep personal data up to date and secure.
- Make sure you transfer enough information to meet your TUPE obligations and to allow the new employer to run the business and manage the staff. However, both parties should make sure that excessive and irrelevant information is not transferred.
- Make sure any information handed over is used only for the purposes of TUPE until the transfer of staff is completed.
- Tell employees that their information will be passed to the new employer. This may not always be possible, if for example, ‘insider training’ restrictions apply.
- Consider whether personal information could be anonymised before providing any information which is not required by TUPE.
- Make sure, once the transfer of staff has been completed, that employment records are accurate, relevant and up to date, and any unnecessary information is destroyed securely