Washington Employee Privacy Memo
Description
How to fill out Employee Privacy Memo?
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FAQ
Dealing with employee records falls under an 'exempt practice' under the Privacy Act. This means that the normal rules about the way you deal with personal information do not apply to employee records.
The Privacy Act only applies to an employee record if the information is used for a purpose not directly related to the employment relationship. However, workplace laws require a range of information to be made and kept for each employee.
An employee Privacy Notice is a source of information that explains to an individual the what, how, where, why and when? regarding how a data controller (in our case an employer) processes an employee's personal data.
These exempt entities include small business operators, registered political parties, agencies, state and territory authorities, and prescribed state and territory instrumentalities. 33.13 Certain acts and practices of organisations also fall outside the operation of the Privacy Act.
The Privacy Act only applies to an employee record if the information is used for a purpose not directly related to the employment relationship. However, workplace laws require a range of information to be made and kept for each employee.
Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.
The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.
4.1 As outlined in the Issues Paper, the Privacy Act currently includes exemptions in relation to small businesses, employee records, registered political parties and political acts and practices and journalism.
Information compiled in reasonable anticipation of a civil action or proceeding. Material reporting investigative efforts pertaining to the enforcement of criminal law, including efforts to prevent, control or reduce crime or to apprehend criminals.
An employee record is defined under section 6(1) of the Privacy Act 1988 (Cth) to mean a record of personal information relating to the employment of the employee.
