Employees have the usual rights of a data subject concerning any personal data that the employer holds about them. Hence an employee could seek the same methods of enforcing their right to privacy as any other individual. If an employee believes that their right has been breached in any manner stated above,
They must first approach the employer and aim to resolve it amicably;
If unsuccessful, they must take the matter to the data protection officer of the organisation;
If yet no action has been taken or the employee believes that the request has not been appropriately dealt with, they may make a complaint with the Information Commissioner’s Office (ICO). The Information Commissioner is responsible for enforcing the Data Protection Act in the UK. You may pursue judicial means to enforce your rights if there is no positive update on the matter.
Possible claims by an employee when the right to privacy is breached include:
- Discrimination
- Harassment (direct or indirect) and defamation
- Breach of contract (e.g. the implied term of mutual trust and confidence)
- Constructive dismissal (where the employer’s breach is serious enough to justify the employee resigning)
If the employee has suffered damage because the employer did not follow the principles of the data protection act, the employee will have the right to get compensated for the damage suffered. The employer involved will be liable to pay the damages. However, this applies only if the employer acted outside the guidelines provided by the regulation, If proven otherwise, the employer will be exempt from paying damages.
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