Privacy Laws at Work

There are various laws in the United Kingdom that affect your entitlement to privacy in the workplace. This article gives a brief summary of the most important ones. More detailed discussion about these laws is available elsewhere on this website.

Human Rights

The European Convention on Human Rights was drawn up to defend the fundamental liberties of the population of Europe. There is specific provision regarding the right to respect for privacy, which is given in Article 8.

In the United Kingdom, this has been brought into law by the Human Rights Act 1998. If you feel that your right to privacy has been infringed at work, and your employer does not or cannot rectify the situation, then you may have a right to make a legal claim under this legislation.

Data Protection

The Data Protection Act 1998 is a law designed to control how organisations use details about living people. It is overseen by the Information Commissioner’s Office (ICO), who supply useful guidance that businesses can use to ensure their policies comply with the law.

This legislation puts in place responsibilities relating to the collection, storage, processing and disposal of personal details, as well as allowing access to the subjects about whom particulars are held.

Freedom of Information

The Freedom of Information Act 2000 allows people or companies to access facts about public bodies.

This law should only be of concern if you have given your details to a public authority – either directly or as a result of records passed on by a third party – which is then disclosed in a response to a request under the Act. Note that this should not happen because the public authority has a duty to safeguard your private credentials under the Data Protection Act, but this legislation does make an accident of this type more likely.

Health and Safety

The Management of Health and Safety at Work Regulations 1992 demand that employers conduct formal risk assessments relating to the safety of the employees in their charge. There may be concerns when these assessments require the collection of personal records from an employee, such as a test to detect drug or alcohol use.

Employees in the transportation industries are subject to specific laws relating to intoxicating substances: The Transport and Works Act 1992 and the Railway and Transport Safety Act 2003, which builds upon it.

A Summary of the Law

The Human Rights Act is important because it establishes that a private life is a fundamental human right that must be defended. It states your right to privacy both from other individuals and from public bodies.

The Data Protection Act makes specific provisions for ensuring that organisations handle your personal details with respect, and gives you the ability to view and correct them if you choose.

Freedom of information is important only in that it makes it more likely that personal details about you could accidentally be leaked.

Finally, there are various laws relating to health and safety that could compromise the confidentiality of your private actions, particularly regarding employers’ entitlement to administer tests for the presence of alcohol or other intoxicating substances.