| Human
Rights and Data Protection Acts - Update |
| New
Human Rights Act and important sections of the Data Protection Act
came into force in October 2000. |
| Human
Rights Act |
|
In principle
the legislation only has direct effect upon the actions of public
authorities. However this includes any organisation discharging
a public function. Many community and voluntary sector organisations
are likely to be caught by this Act if they are involved with
contracts with the local council because the council as a public
body is likely to be covered by the Act.
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| What
new rights does the Act grant? |
None
actually. The Act merely enshrines in national law the provision
of the European
Convention on Human Rights. British citizens will now be able to
enforce their rights in the British courts. However, there will
still be a right of appeal to the European Court of Human Rights.
All new acts of Parliament will have to carry a certificate attesting
them as consistent with the Human Rights Act.
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| Data
Protection and Personal Records |
|
By accepting
a contract of employment all employees consent to secure written
records related to their employment being maintained by the employer.
An employee may see her/his file on request.
Each employee's file shall be kept in a secure filing cabinet.
Access shall be restricted to
personnel authorised to access the files for the purpose of managing
the employee and the organisation. The information contained in
the files can only be referred to in communication with a third
party in the provision of an employment reference or pursuant
to a court order.
The organisation shall retain the personal file of former employees
for a period of three years after departure.
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|
Further information
on the Data Protection Act, can be obtain from:
The
Data Protection Commission.Tel: 01625 545740.
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