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Your Questions Answered: Sharing employees’ personal information

By Jeff Salton on February 5th, 2018

Q

We have been requested by a lawyer to provide personal information about an employee. The information they’ve asked for includes occupation, age, address, gross earnings, regular overtime, details of any deductions, method of payment, frequency of payment, marital status and dependents. We have refused to provide this information without the employee’s consent. As we were approached directly, the employee is unaware of this request. Are we under any obligation to advise them of the request? If not, would you recommend we advise them regardless?

 

A
Generally, you will not be under any obligation to provide this information. However, there would be several exceptions, including where you have been issued with a subpoena to produce a document or give evidence to a court, or where you have been issued a notice to produce records or documents under the Fair Work Act 2009 (Cth).

We suggest that you discuss this request with the employee.

The P2 Privacy chapter in the Employment Law Practical Handbook should be the first port of call for employers wishing to do the right (legal) thing by their workers and the law.

The rules surrounding privacy are complex and can differ depending on company’s annual turnover, jurisdiction in which business operates, how you handle and store information and who can demand to see it.

Don’t inadvertently breach the rules or lose the trust of your employees. Subscribe today to get access to this chapter, written in plain English by the employment law experts at Holding Redlich.





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