Can I ask a previous employer to delete my data?

Answer. Yes, you can ask for your personal data to be deleted when, for example, the data the company holds on you is no longer needed or when your data has been used unlawfully.

Does GDPR apply to former employees?

Employers can retain personal data relating to former employees only if one of the specified legal bases for processing applies. However, the employer could rely on this legal basis only for the retention of pay data relevant to that purpose, not for the retention of the former employee’s entire personnel file.

How long can an ex employer keep your personal information?

Howevber, the law states that employers must retain employee records in certain situations (for example working time and tax) and employers are advised to retain the records for themselves for six years in case they are sued for breach of contract.

Can I sue my employer for disclosing my personal information?

The law protects an employee’s right to control the disclosure of private information. An employer is required to provide a safe workplace and cannot be sued for disclosing that information to the union.

What should you do if someone requests to have their personal data erased?

How do I ask for my data to be deleted? You should contact the organisation and let them know what personal data you want them to erase. You don’t have to ask a specific person – you can contact any part of the organisation with your request. You can make your request verbally or in writing.

How long can an ex employer keep your personal information UK?

As a result, you should keep personal data, performance appraisals and employment contracts for six years after an employee leaves. Don’t forget, a former employee—or anyone you hold data on—might issue you with a Subject Access Request (SAR) to see what data you have on them.

What can I request from my employer under GDPR?

Under the GDPR, you can technically make requests to access your data orally or by other electronic means (e.g. an email, a Facebook message or even a tweet!).

Can my employer share my personal information with other employees?

Employees have a right to expect that their compensation, medical benefits, income tax withholding and information about job performance is kept confidential. It’s just not right to share personal information about employees with their coworkers.

Can I sue my employer for violating my privacy?

The CA Constitution gives employees the ability to sue employers for violations of that privacy right. In order to do so, the employee must show that the employer violated the employee’s reasonable expectation of privacy. This is measured objectively upon widely accepted community and social norms.

Can you have your personal data erased?

Individuals have the right to have their personal data erased if: the personal data is no longer necessary for the purpose which you originally collected or processed it for; you have processed the personal data to offer information society services to a child.