Who does the DPA protect?

pdf version (what's that?)

Accident and sickness reports are a vital resource for safety reps. So the new format Accident Book, supposedly compliant with the Data Protection Act (DPA), has caused a lot of trouble, with employers arguing that the DPA prevents them from giving reps access.

Unions have approached this by negotiating local agreements or obtaining a waiver from the worker as data subject.

But it seems that safety reps' information rights may be embedded in the DPA itself, according to David Lucas of Greenwich TGWU.

Under Section 31 (1) of the DPA, personal data processed for certain functions is exempt from the subject information provisions where those provisions would be likely to prejudice the proper discharge of those functions.

Section 31 (2) goes on to include functions for securing the health, safety and welfare of persons at work (s.31(2)(e)) and functions for protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work (s.31(2)(f)).

The Safety Representatives and Safety Committees Regulations give safety reps a legal function under these heads. So that should be that. We'd be interested to hear from reps on the subject.

• Data Protection Act 1998: www.hmso.gov.uk/acts/acts1998/19980029.htm
• The DPA is enforced by the Information Commissioner's Office

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