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Under the Data Protection Act 1998 (DPA), your employer must make sure your personal data or information is 'processed' in a fair and lawful way. Processing includes obtaining, recording, storing, sharing, deleting and otherwise using information.
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.
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 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.
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.
Personal employee information will be considered confidential and as such will be shared only as required and with those who have a need to have access to such information. All hard copy records will be maintained in locked, secure areas with access limited to those who have a need for such access.
Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.
Generally, an employer can disclose private information only if the disclosure is required by law or if there is a legitimate business need. Take, for example, an employer who has information about the dangerous mental state of one if its employees.
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.