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Data defaulters beware - the ICO just got teeth |
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Date: 15/03/2010 |
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Sanctions for non-compliance with data protection legislation are about to get a lot tougher. Earlier this year the Information Commissioner's Office (ICO) announced new powers expected to come into force on 6 April 2010. Under the new rules, serious personal data security breaches could lead to fines of up to £500,000 where the breach is deliberate or negligent and likely to cause substantial damage or distress to individuals. The ICO has not been able to impose penalty fines directly before, although fines through the courts have been possible.
Examples of incidents that may lead to a fine under the new powers are set out in guidance issued on 12 January. They include failing to take adequate security measures such as encrypting data. An organisation that does not encrypt materials stored on portable devices, or does not know how many laptops it loses, may have a hard time explaining itself.
Alarm bells might also start to ring when employers read in the guidance that substantial damage could occur when inaccurate data is disclosed in a work reference resulting in the loss of a job offer.
Whether a breach will lead to a penalty for an organisation - and how much the penalty will be - are determined by:
an organisation's financial resources and the industry sector it is in;
the severity of the breach;
whether the consequences were down to factors outside the organisation's control;
the kind of preventative measures the organisation took or may have taken.
The ICO has indicated it will adopt a "proportionate" approach - so attempts to comply will be highly relevant, both to whether a fine is imposed at all and, if so, how much it will be.
Employers must ensure that appropriate security measures are in place to prevent harm caused by unauthorised or unlawful processing of personal data or accidental loss, destruction or damage of that data. This includes taking reasonable steps to ensure the reliability of any employees accessing the personal data. If a third party is processing the data on the organisation's behalf, the employer must also ensure that the external organisation has suitable security measures in place.
Preventative security measures typically start with auditing and risk assessment. All organisations should appoint a data protection champion - someone with sufficient internal clout to sponsor and drive through data protection initiatives.
HR and legal departments are only two of the organisational stakeholders; compliance requires a multi-disciplinary approach, and is likely to involve facilities management, IT, and compliance functions. Since security breaches commonly result from employee action or inaction, or lack of training, HR clearly has an important role to play in ensuring that employees understand their obligations. It can do this through training and awareness schemes, and by capturing and endorsing company-wide best practice in a range of processes and procedures.
HR professionals have specific obligations in relation to how employee data is kept and shared. When a laptop, CD or memory stick is lost, ICO criticism will follow if too much information was on it that need not have been there.
Employees need clear instructions on how much employee data should be taken off site on portable storage media. Managers should not be given access to data simply because they are senior. Appropriate employees should be trained in dealing with requests for personal data that come in over the phone or internet.
HR also needs to check home workers' arrangements for protecting data, and vet third parties with access to personal data, whether they are self-employed contractors or temporary workers.
ICO's powers
The data protection regulatory climate is getting chillier. The ICO's audit powers have recently been extended and the Ministry of Justice has just closed a consultation on the imposition of custodial sentences for knowing or reckless misuse of personal data.
The ICO's power to levy fines is only one weapon in its armoury; it can also issue data controllers (who take responsibility for data processing) with enforcement notices, seek written assurances from them on compliance, and conduct audits on whether an organisation's data processing complies with best practice.
Key points
From 6 April, the ICO can fine organisations up to £500,000 for breaching data protection principles.
Penalties will depend on the organisation's finances, the seriousness of the breach, and the measures taken to prevent it.
Preventative steps include checking the reliability of those accessing data, training, locks and encryption.
Organisations should appoint data protection champions to drive compliance initiatives.
www.peoplemanagement.co.uk
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jobs.uk.com continues to expand as it welcomes Toolstation |
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Date: 03/03/2010 |
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jobs.uk.com, the unique members only recruitment portal, continues to expand steadily as it welcomes Toolstation on board.
jobs.uk.com is a unique concept which brings together some of Britain's best known High Street names, linking the job sections of each of their career sites together in one easy to search recruitment portal.
jobs.uk.com is exclusive to companies who use the web-cruit range of talent management solutions from Kaonix and who all have one thing in common: a commitment to providing job seekers with the best possible job application experience.
A great career starts as simply as a great experience when applying to a job.
www.jobs.uk.com
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CEO survey shows people management changes will follow recession |
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Date: 24/02/2010 |
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Employers are planning on overhauling the way their organisations manage people post-recession, which could spell significant changes to HR models over the next decade, according to new research.
A study of about 70 UK CEOs found that 85% are planning to alter the way their organisations manage people as a consequence of the economic crisis.
Four in five (81%) plan to address staff morale through reform and increased investment, the PricewaterhouseCoopers 13th Annual CEO Survey report showed.
Meanwhile, more than half (59%) plan to make changes to flexible working, over one-third (42%) hope to increase head count over the next 12 months, and two in three (65%) expect to increase investment in training and development.
To read this article in full, visit www.personneltoday.com
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Recession ends, but job satisfaction still down |
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Date: 26/01/2010 |
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The UK's recession ended today, but employers should be wary of its hangover, the CIPD has warned.
Official figures showed economic growth of 0.1 per cent for the last quarter of 2009, bringing to an end six successive quarters where growth had been negative. But though the worst recession in living memory may be over, the long-term effects on the workforce will take much longer to shake off, according to CIPD figures also released today.
The Institute's quarterly Employee Outlook survey, of 2,000 employees, found plummeting new year job satisfaction and falling standards of living. Its Work Audit study showed the overall impact of the recession on the UK workforce has been much deeper than headline figures indicate.
The survey revealed job satisfaction levels had hit an all-time low, with a net satisfaction score of +35, down from +48 in summer 2009. (The satisfaction score is calculated by deducting the percentage of people saying they are dissatisfied from those saying they are satisfied.)
Nearly a third (29 per cent) of interviewees said their living standards had deteriorated in the past six months, while only 9 per cent said they had improved.
Young workers were found to be particularly unhappy at work, with job satisfaction among 18-24 year olds falling to only +5 points from +44 in summer 2009. People aged 55-64 were the most satisfied at work, with scores equal to levels from summer 2009.
The majority of workers believe it would be difficult or very difficult to find another job if they lost their current one (63 per cent). Almost a fifth (19 per cent) think it is likely or very likely that they could lose their job as a result of the recession.
Claire McCartney, CIPD lead adviser and co-author of Employee Outlook, said: "Even though the economy is no longer flat on its back, the 'real economy' - as experienced in the day-to-day lives of workers - is crippled."
"Employers are going to have to continue to work hard to re-build motivation and commitment among employees bruised by job insecurity, lack of consultation over change, pay freezes or cuts, as well as increases in stress and conflict."
More gloomy results came from the CIPD's Work Audit, which revealed 1.31 million people were made redundant during the recession, double the net fall in employment and equal to 4.4 per cent of people in work before the downturn. Fresh claims for jobseeker's allowance hit 6.2 million between April 2008 and November 2009, which is 7.5 times the rise in the unemployment claimant count during the recession. This shows people are struggling to find permanent jobs, the audit said.
Two-thirds of people made redundant during the recession who found work were paid less in their new job, meaning an average pay drop of 28 per cent.
John Philpott, chief economic adviser at the CIPD, commented: "Although the scale of job loss in the recession is much less than originally feared and much less than might have been expected given the scale of the contraction in the economy, it is evident that the direct experience of redundancy, repeat spells of unemployment and pay penalties have nonetheless been widespread."
The wider effects of redundancies are likely to have a greater impact on perceptions of job security and consumer confidence during the recovery than the simple "unemployment situation is better than feared"" story would suggest, he added.
Brendan Barber, TUC general secretary, said: "The 2.5 million people currently without work will draw little comfort from the news that the UK is now officially out of recession. Unemployment will increase again, with more people continuing to face long spells out of work."
www.peoplemanagement.co.uk
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Online recruitment hits 12 month high |
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Date: 19/01/2010 |
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Online recruitment closed the year on a 12th-month high, according to Monster's Employment Index for December.
The index posted a reading of 120 in the month, up four points on November and the highest this year.
Sectors that recorded increased opportunities in December were HR, manufacturing, legal and finance. However, demand for technically skilled workers in architecture, construction and engineering remained muted.
Regionally, Wales witnessed the largest upturn in demand but Scotland and London also saw improvements.
Julian Acquari, managing director at Monster UK & Ireland, says: "Despite a still-struggling economy, UK job prospects are improving as employers slowly begin to emerge from financial crisis induced recruitment hibernation."
"Clerical and support occupations are leading the way in terms of demand recovery, suggesting companies are primarily seeking temporary staff in order to maintain workforce flexibility as long as the economic uncertainty lingers. However, the uptick in HR opportunities also suggests that more organisations are preparing to increase personnel to take advantage of opportunities presenting themselves in the wake of the downturn."
www.recruiter.co.uk
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Recruitment figures continue to improve |
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Date: 07/01/2010 |
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Permanent and temporary recruitment levels continued to rise at a stronger rate in December 2009.
According to The Recruitment and Employment Confederation (REC) and KPMG Report on Jobs - published today - trends indicated faster increases in both permanent and temporary/contract staff employment during December.
December data pointed to a fifth consecutive month of higher staff appointments. Growth of permanent placements accelerated to the sharpest since July 2007, while temporary/contract staff billings rose at the fastest pace for two-and-a-half years.
And recruitment consultants reported a further rise in vacancy levels in December. Demand for permanent and temporary/contract staff increased at the strongest rates for twenty-nine and twenty-two months respectively.
Average salaries for people placed in permanent jobs increased for the second month running in December. The rate of growth was solid and the fastest since June 2008. Hourly rates of pay for temporary and contract employees fell for a fifteenth successive month, but the latest drop was only marginal and the smallest in that period.
The availability of candidates to fill job vacancies continued to increase in December. However, the latest improvements in both permanent and temporary/contract staff availability were the least marked for one-and-a-half years.
Kevin Green, chief executive of the REC, said: "As we head into 2010, the recovery of the UK jobs market is accelerating. Employer confidence is increasing and vacancies are on the up - with the fastest growth in permanent jobs since July 2007. Temporary and contract placements also rose at the sharpest pace for thirty months which underlines the crucial role that flexible working models will play in helping job-seekers back into work.
"Despite the increase in demand for both temporary and permanent staff, the jobs market will remain extremely competitive, particularly for younger candidates. It is essential that the Government's pledge to invest over £1bn to create 400,000 new youth job and training opportunities is met and that the private sector plays its part in getting younger candidates into work. To avoid a lost generation of workers, the REC has created a coalition of employers, professional recruiters and welfare providers to provide practical solutions for youth unemployment. It is also crucial that the Government ensures that new EU regulations on agency work do not curtail employers' opportunities to create jobs."
www.hrmagazine.co.uk
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