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Companies must open staff files

Barrie Clement,Labour Editor
Saturday 03 January 1998 00:02 GMT
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Soon you will have the right to look at every scrap of personal information your boss holds on you. Barrie Clement, Labour Editor, hears advice that companies should make an early start on `spring cleaning' their records or face the threat of legal action from employees.

It is a rare manager who harbours no ill will to at least some of his staff. In future, however, he or she would do well to keep derogatory opinions about employees to themselves - or at least refrain from committing them to paper.

Within the next few weeks, ministers intend to publish the Data Protection Bill, which will substantially enhance workers' rights to scrutinise their personal records, get them put right if necessary and in cases of serious error, enable them to take their bosses to court. Some managers routinely keep notes on staff which accuse them of a wide range of social unpleasantries from being a habitual fibber to being the main source of office odours.

More seriously, records may contain accusations of kleptomania or sexual harassment. Unless there is proof of such unlawful activities, an organisation could find itself embroiled in a libel suit.

Records may contain inaccurate information which affects an employee's pay, promotion and prospects, says Angela Edward, a policy adviser at the Institute of Personnel Development. "Employees will have the right to know what information employees keep on them and how it is used," she said.

Workers are already protected under the 1984 Data Protection Act, but its provisions cover computer records only. Under this law, there is no financial redress, simply a right to have information corrected where necessary. The legislation was, however, seen to be inadequate under European directives and the current Bill has been drawn up with a view to introducing stricter rules by October.

Warning that there could be serious financial implications for employers found keeping inaccurate information, Ms Edward advised companies "to act now". She emphasised the need for employees to check information that had been gathered, particularly informal records.

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