Data Subject Access Request during redundancy

antrobus

kratosthegreat wrote: »

Yes but the exception regarding redundancies is if other people are involved in the redundancy/restructuring. If it is just a single redundancy than an individual is entitled to see any data around that

Well if you have legal opinion to that effect. so be it.

But DPA18 appears to state that the exemption relates to data that "Consists of records of intentions in relation to negotiations between the employer and employee to the extent that compliance with the subject access request would be likely to prejudice the negotiations".

If I was your employer I would rely on that exemption and not supply anything that related to your current redundancy negotiations. And of course, whilst you may believe that your employer has some ulterior motive, they may (even if that was true) not memorialised that in an email.

What exactly are you trying to achieve? Are you unhappy with the settlement offer? Are you trying to get more money?

[Deleted User]

kratosthegreat wrote: »

Of course there is... especially when a company holds all data for 5 or 7 years before deleting.

Of course there isn't - because you don't know all the information they hold on you, which is why you're asking for it. Data retention periods have nothing to do with the integrity of the SAR process itself.

Information gaps will only be exposed when you know that they hold data which is not supplied.

kratosthegreat wrote: »

"Processor", "Controller", "DPO" are just semantics and every company has a different process, sometimes with interchangeable terms - how do you apply the above to a Plumber with 2 employees?

It's not semantics at all. That was the whole purpose of GDPR - that data should only be processed in accordance with privacy policy and on instruction of the controller. The processor doesn't have carte blanche to send out data to anyone who asks for it.

The plumber's legal entity is the data controller. That includes his employees.

Les79

I have done this under a redundancy scenario, and received all of the internal emails (redacted).


BUT in my case it was less about being selected for redundancy and more about the offer, and subsequent withdrawal for a dubious reason, of a job in leiu of redundancy. There were possible discriminatory elements related to THAT process. Not sure if I'd have been entitled to, or received, anything about the redundancy process itself tbh.


In my case it was about keeping the SAR as vague/broad as possible and not letting on to WHAT I was looking for. That way they'd be taking a bit of a risk in omitting anything intentionally, as it could well have been something they'd need to produce in their defence if it went to ET.