Information Commission (IC) is to radically overhaul the structure of all four
of its data protection codes to make them simpler for employers to understand
Information Commissioner Richard Thomas has responded to scathing criticism
from the profession over the length and complexity of the codes, which are
designed to help employers manage staff information without breaching the Data
Protection Act 1998.
Today has lobbied strongly for the IC to make changes to the codes, and Thomas,
who took over from former commissioner Elizabeth France in December, has now
taken on board its concerns.
Information Commissioner David Smith said: "We are reviewing the
presentation to make it more user friendly and looking at the lengths of the
codes. Commissioner Thomas feels the code’s presentation could be improved to
get the message across to the audience better."
told Personnel Today that the commission will start by revamping the
controversial monitoring code which was due to be published last year.
decision will further delay the publication of the monitoring code for up to
two months and will put back the fourth code on medical records until the final
quarter of this year.
said the two published codes, Recruitment and Selection, and Records
Management, will then be updated to ensure the style is consistent.
Sinclair, lead adviser on public policy at the CIPD, which had also campaigned
for changes to the codes, supported the plans to overhaul their presentation.
significantly re-drafted code will be of much more value to HR practitioners.
Currently, it is too long and complicated. It should be a checklist of the
minimum legal standards that companies must work to," she said.
Data Protection codes
2000 – The three-month open consultation for the Data Protection Act’s codes of
practice is launched
2001 – A crisis conference is held to reassure employers that the code would be
simplified for business and published by the end of the year
2001 – The 1998 Data Protection Act comes into force
2002 – The first of the codes, Recruitment and Selection, is published
2002 – The second draft version of the monitoring code is released
2002 – Employer bodies complain to the Government over the commission’s
handling of the code
2002 – The third draft version of the monitoring code is published
2002 – The second of the codes, Records Management, is published
2002 – Richard Thomas replaces Elizabeth France as Information Commissioner
2003 – Further delays as commission seeks to clarify codes