How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47361
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My employer has requested 3 forms of I.D for an SIA audit.

Customer Question

My employer has requested 3 forms of I.D for an SIA audit. No problem with that. However, while photocopying my passport, they have copied pages with immigration stamps on, saying they want to know if i've left the country. This has nothing to do with the SIA audit. Can they do this?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Do they mean they want to monitor in the future whether yo leave the country or see where you have been so far?

JACUSTOMER-ri873mnd- :

I think they want to know if I went abroad when I was off sick in december after I told them I had cancelled a holiday because they wouldn't allow me time off, even tho I'd already paid for a holiday earlier in the year. But they sat on whether to allow the holiday until a decision had been made on late night opening where I work, even tho I booked the holiday time under the currenr

JACUSTOMER-ri873mnd- :

T rules

JACUSTOMER-ri873mnd- :

?

JACUSTOMER-ri873mnd- :

The rule stated that we couldn't book holiday after the15th december, but I had put in for the time off in june

Ben Jones :

There is indeed a potential breach of data protection here. Whilst the employer is able to get copies of the passport with your consent or if there is a regulatory requirement to do so, they must only copy the information they need for the specific purpose for which they are gathering it. So for example, if the SIA rules state that the employer only requires to see your passport in terms of the information page with your photo/name and you have given them consent to copy your passport for that specific purpose, then if they go on to make copies of other pages irrelevant to that purpose, it could be a data protection breach.

Human rights legislation is quite a bit more complex than that and could be difficult to apply to such situations o I would not suggest you get too concerned with it and stick with the data protection breach for the time being.

You may approach the employer and highlight this issue with them, requesting that the information they have gathered is removed from their records and destroyed and that they only keep the part of the passport which they need and which you gave them consent for.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Related Employment Law Questions