Guest user Created: Mar 23, 2020 Last commented: Mar 25, 2020

Employment matter

I am a Social Worker working in a local authority through a recruitment agency. When I got a pay increase my recruitment agency did not make me aware of this. Given that they refused to provide the evidence as to when my pay rate was increased, I requested for access to records. My agency refused to provide this. I decided to change to a different agency. The middleman between my agency and the Local Authority I worked with said that they cannot allow me to change to another agency because my recruitment agency has not breached my employment right. I would like to know if the middleman is right or whether my recruitment agency has breached any law. Has my agency breached right to access under GDPR

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Alessandra Nisticò Mar 25, 2020

According to the article 15 GDPR you have the right to access your personal data processed by the data controller. Therefore, if you had a wage increase you should have access to those data referring to you.Consider that if the wage increase is due to renegotiation of the service agreement between the local authority and your agency, data may not directly refer to you and it may be outside the GDPR, such agreement may be also under a confidentiality clause. You could send an access request to your data under article 15 GDPR demanding a reason in case of denial of access (article 23 GDPR has some restriction to data subjects rights) and check with your local labor lawyer or worker's Union representative what right of access to company registers workers have in your country.

You can also find here some information about how employers deal with employees data under GDPRHow the GDPR could impact your HR department: https://advisera.com/eugdpracademy/blog/2018/02/22/how-the-gdpr-could-impact-your-hr-department/

If you want to know more about EU GDPR you can also take our free Foundation course

EU GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course//

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Mar 23, 2020

Mar 25, 2020

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