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Access to Personal Records held In Human Resources

 

Access to Personal Records held in Human Resources| pdf(57.9 kb)

 

Go to a specific section:

1. Introduction|

2. Scope of policy|

3. Nature of personal records held within Human Resources|

4. Procedure for making a request to view personal records held within Human Resources|

5. Scope of Information Available to Individuals|

6. Amendment of Information|

7. Personal Records held in other Areas of the University|

Further Information|

 

 

1. Introduction

The Data Protection Act 1998 was introduced in March 2000 and replaces the Data Protection Act 1984. Following the introduction of the 1998 Act individuals now have enhanced rights in relation to personal records held about them – one of the most significant being that they may now have access to both paper-based and computerised records, whereas the 1984 Act covered computerised records only.

The Human Resources Team at De Montfort University recognises that individuals may wish to have access to their personal records and in accordance with the University’s Vision and Shared Values, is pleased to offer a flexible approach.

This policy provides advice and guidance to individuals who wish to access personal records held about them within Human Resources only (Section 4| of this policy) and also provides details of the procedure to follow should individuals wish to access personal records held about them within all areas of the University, including Human Resources (Section 7| of this policy).

 

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2. Scope of Policy

This policy applies to all current employees, previous employees of the University and other individuals (e.g. those who have applied for posts at the University and have been unsuccessful) who believe that Human Resources retain personal records about them and wish to have access to them.

 

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3. Nature of Personal Records held within Human Resources

The Human Resources Team needs to hold information about individuals in order for it, for example, to process employment contracts, ensure staff are paid, deal with any queries about employment details and to ensure that there is an accurate record of staff within the University.

This information is held in the form of manual files and computerised data.

 

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4. Procedure for Making a Request to View Personal Records Held Within Human Resources

If you wish to view personal records held about you within Human Resources you should write to the HR Partner for your area, giving details of the information you wish to see. You should advise the HR Partner on how you would like the information made available to you.

Human Resources are pleased to offer the following options:

a) An accompanied viewing of your personal records

b) A permanent copy of your personal records

If you would like an accompanied viewing of personal records held about you, the HR Partner will contact you to arrange a suitable time

If you would like a permanent copy of all personal records held about you the HR Partner will be pleased to make this available for collection from the Human Resources Department either by you or a nominated representative, if you prefer. If you nominate a representative to collect the records on your behalf you should advise the HR Partner dealing with your request of this.

You are advised that the HR Partner may ask you to provide proof of identification when dealing with your request e.g. they may wish to see your University staff card.

This will be at one of the following stages of your request depending on how you have requested the information to be made available to you:

a) If you have requested an accompanied viewing, you may be required to provide proof of identification when you come to view your records.

b) If you have requested a permanent copy, you may be requested to provide proof of identification upon collection of your records or prior to the records being sent to you.

Alternatively, the HR Partner can arrange for your personal records to be sent to you via the University’s internal post. If you would prefer the information to be posted to you externally the Human Resources Team would be pleased to arrange this but you are advised that you will be required to meet the postage costs.

A request to view personal records held within Human Resources will be met by the HR Partner within ten working days of receipt of the request. However, you are advised that your request may take slightly longer to process if the Human Resources Team receive a large number of requests following the introduction of this policy.

 

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5. Scope of Information Available to Individuals

Whilst the Human Resources Team is pleased to offer an open approach when making information available it must also act in accordance with the principles of the Data Protection Act in order to protect the rights of individuals.
You are therefore advised that there may be certain information held on your personal file that the Human Resources Team will not be able to disclose to you.
This information includes:-

• Confidential references provided by De Montfort University to external organisations. However, this does not apply to references received by De Montfort University. (Please see below for further details).

• Personal data held for the purpose of preventing or detecting crime, apprehending or prosecuting offenders or assessing and collecting any tax or duty will not be made available to you if it would prejudice one of these purposes.

There may be information contained within your personal records which identifies another individual - an example of this being a reference received by De Montfort University (given either by an external organisation or internally by a member of De Montfort University).

In this instance the HR Partner would aim to make this available to you but you are advised that this may not always be possible, as the HR Partner must take into consideration certain factors. These will include if the individual identified has not consented to the information being disclosed and how disclosure of the information would affect all parties concerned. However, it may be possible to make this information available to you by concealing the identity of the individual concerned.

Individuals are advised that Human Resources do not retain personal records indefinitely and in accordance with HR policy the following timescales for availability of information apply to individuals who are not current employees:

• Records of employees who have left the University will be available for six years after the date the individual left

• Records of individuals who have applied for posts at the University will be available for 12 months after the date that the recruitment process was completed for each vacancy

 

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6. Amendment of Information

If, after having viewed your personal records, you feel that certain information held about you is not accurate you should contact the HR Partner for your area in writing, asking for the information to be corrected and stating why you think the information is incorrect.

The HR Partner will normally respond to your request to correct any inaccuracies within five working days of receipt of the request. You will be advised on what action the HR Partner intends to take in correcting the information. Correction of the information may take slightly longer as the HR Partner may need to look into your request further, in order to ascertain that the information is inaccurate and correct the data accordingly.

 

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7. Personal Records held in other Areas of the University

You may wish to view your personal records in all areas where they are held within the University (including Human Resources). For example, you may wish to view your personal records held within the Payroll Department or the area where you work. Particular departments within the University may, like Human Resources, have their own procedures for processing requests to view personal records and you may wish to contact them for further information.

However, De Montfort University has a procedure in accordance with the Data Protection Act, which ensures that personal records held within all areas of the University (including Human Resources) are made available to individuals.

Should you wish to have access to personal records held about you within all areas of the University, you should make your application via the Data Controller for the University (the Director of ISAS). Details of this procedure are available on the University Intranet within the ISAS subsite and may also be obtained by contacting the University’s Data Controller (the Director of ISAS).

 

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Further Information

De Montfort University Intranet - ISAS subsite|

 

The Data Protection Act 1998 - can be found here|

Information Commissioner - responsible for the Data Protection Act - can be found here|

 
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