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Right to be Forgotten - GDPR

Under the new GDPR legislation - Right to be forgotten, will employment records of dismissal be removed?

Comments

  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You could ask the OP of this thread as, apparently, they are a professional in this area.
    https://forums.moneysavingexpert.com/discussion/5774713
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Under the new GDPR legislation - Right to be forgotten, will employment records of dismissal be removed?
    I would say no. Heres a link: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/


    I'd suggest that they can keep it for 6 years in order to defend any potential claims you make.


    With that in mind though - if you ask the company for a reference, you are giving them consent to process data.


    You cant have both
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I'm curious as to why you'd want to be forgotten in these circumstances and what you believe it would achieve. If as I suspect you feel it would make a difference to future job prospects by lying about dismissal it wouldn't.
  • Good try m8
  • Under the new GDPR legislation - Right to be forgotten, will employment records of dismissal be removed?


    Probably not.


    GDPR Right to be forgotten only applies to records not required to be kept by law.


    Employment Law and Government Law would probably state you are legally required to keep records and reasons as to a dismissal, Especially when unfair dismissal could be taken to a tribunal. You cant then ask the employer to delete those records & then take them to court.
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