CORONAVIRUS - GDPR - 08.04.2020

Coronavirus and GDPR breaches

During the coronavirus pandemic it’s possible that employers and their employees might inadvertently breach the GDPR. If this happens are you at risk of enforcement action?

Unexpected. The coronavirus pandemic has caused many unanticipated issues for smaller employers across the UK. For example, thousands have implemented remote and homeworking at short notice. It’s also likely that many employees will now be using their own personal electronic devices to do their jobs from home.

Silver lining. The GDPR provisions haven’t been suspended during the pandemic outbreak, so you must still take your data protection responsibilities seriously. But what will happen if you or an employee inadvertently breach the GPDR ? The Information Commissioner’s Office (ICO) has issued a statement stating that it “fully understands business resources are being diverted away from usual compliance work and other issues are now prioritised” .

No action. As such the ICO has confirmed that no regulatory enforcement or other action will be taken where inadvertent breaches of the GDPR occur during the coronavirus pandemic. In addition, it’s going to do all it can to support employers where possible. It has a telephone helpline and online live chat service which you can contact if you have any specific queries (see The next step ). There are separate offices for Scotland, Wales and Northern Ireland which can be found on the ICO’s main “How to contact us” page.

Tip. The ICO doesn’t have the legal power or authority to extend statutory timescales provided for under the GDPR , e.g. the one-month response period for a data subject access request. These remain in place. However, you’re unlikely to suffer any penalties or adverse consequences if access request enquiries can’t be handled to your usually high standards during the pandemic.

For further information on how to contact the ICO, visit http://tipsandadvice-personnel.co.uk/download( PS 22.08.01).

The ICO has stated that no enforcement or other action will be taken where inadvertent breaches of the GDPR occur during the coronavirus pandemic. Contact its helpline and live chat services for support.

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