Draft Code of Practice for the Protection of Privacy At Work

Objectives

1. The objectives of this Code of Practice are to define the manner in which any personal data relating to employees is permitted to be processed and the circumstances where surveillance and monitoring of employees of the organisation will be permitted in order to:
   
   
   1. protect the safety, security and integrity of the organisation as employer
      
      
   2. protect the privacy of the employees of the organisation

General Principles

2. Personal data includes all information held about identified or identifiable employees and includes but is not limited to information in electronic or hard-copy, expressions of opinion about and intentions towards an employee, photographic film, video and sound material
   
   
3. Personal data relating to an identified or identifiable employee or group of employees shall not be processed, collected, stored, combined or communicated except in accordance with this Code of Practice.
   
   
4. Data processing including the collection, storage, combination, communication or any other use of personal data will be carried out with the aim of minimising the collection of personal data and maximising the privacy of employees
   
   
5. Personal data will only be processed in a way which is compatible with the original purpose for which it was collected

Individual Rights

6. Employees will be regularly notified of personal data held about them, have the right of access and to obtain a copy of any records of personal data without charge and the right to correct or destroy any incorrect or incomplete personal data
   
   
7. Where any personal data is processed which may give rise to criminal or disciplinary proceedings, the data will be made available to the employee and his/her Amicus representative in connection with such proceedings if requested for the purposes of representation.
   
   
8. Medical personal data will only be collected if needed:
   
   
   
   1. to establish whether an employee is fit for a particular job or area of work
      
      
   2. to fulfill the requirements of occupational health and safety
      
      
   3. to determine entitlement to and/or to grant social insurance, pension or sickness/ill-health benefits and such data will only be collected with the agreement of the employee and in accordance with medical confidentiality and general principles of occupational health and safety
   
   
   
9. No personal data will be collected in connection with membership of Amicus or Amicus union activities except with the agreement of the employee and the union.
   
   
10. The normal rules on the making and receiving of personal telephone calls will apply.

Collective Rights

11. Amicus representatives will be consulted with a view to seeking agreement on:
    
    
    
    1. the introduction or modification of automated systems that process employees' personal data
       
       
    2. the introduction of any overt electronic monitoring of employees' behaviour in the workplace in advance of any such monitoring being introduced
       
       
    3. the purpose, contents and manner of administering and interpreting any questionnaires and tests concerning the personal data of employees
    
    
    
12. Alcohol and drugs testing will only be carried out with the prior informed consent of the employee and must form part of an explicit health information, education and rehabilitation policy except where explicitly authorised by legislation or regulatory authority
    
    
13. Genetic screening will not be permitted except where explicitly authorised by legislation or regulatory authority

Communication of Personal Data

14. No personal data will be communicated to a third party without the consent of the employee except where this is:
    
    
    1. necessary to prevent serious and imminent threat to life or health
       
       
    2. required by law or regulatory authority
       
       
    3. necessary for the conduct of the employment relationship
       
       
    4. required for the enforcement of criminal law

Monitoring and Surveillance of Employees

15. Surveillance means the use of any device or person to record the location, movement and/or behaviour or identifiable individuals and includes the use of computers, video and closed circuit TV, sound devices, telephones, systems for establishing identity and location and undercover clients/customers and private investigators
    
    
16. Continuous overt monitoring or surveillance will be carried out only if required for health and safety, training or the protection of organisational assets or property
    
    
17. Covert monitoring or surveillance will only be permitted with the prior agreement of Amicus representatives. The circumstances in which such monitoring could take place would normally be where there are reasonable grounds for suspicion of criminal activity or other serious wrongdoing. Where covert surveillance is agreed Amicus representatives will have the right to audit such usage once the particular exercise has been completed.