Personal data an employer can keep about an employee

Employers must keep their employees’ personal data safe, secure and up to date.

Employers can keep the following data about their employees without their permission:

  • name
  • address
  • date of birth
  • sex
  • education and qualifications
  • work experience
  • National Insurance number
  • tax code
  • emergency contact details
  • employment history with the organisation
  • employment terms and conditions (eg pay, hours of work, holidays, benefits, absence)
  • any accidents connected with work
  • any training taken
  • any disciplinary action

Employers need their employees’ permission to keep certain types of ’sensitive’ data, including:

  • race and ethnicity
  • religion
  • political membership or opinions
  • trade union membership
  • genetics
  • biometrics, for example if your fingerprints are used for identification
  • health and medical conditions
  • sexual history or orientation

Employers must keep sensitive data more securely than other types of data.

What an employer should tell an employee

An employee has a right to be told:

  • what records are kept and how they’re used
  • the confidentiality of the records
  • how these records can help with their training and development at work

If an employee asks to find out what data is kept on them, the employer will have 30 days to provide a copy of the information.

An employer should not keep data any longer than is necessary and they must follow the rules on data protection.

Part of Get your business ready to employ staff: step by step

  1. Step 1 Decide what type of employee you need

    1. Check whether you need full time or part time staff
    2. Check the different types of employment status

  2. and Check you can afford to take on employees

    1. Check how much the National Minimum Wage is
    2. Find out how much National Insurance you need to pay for your employees
    3. Check how much sick pay your employees are eligible for
    4. Check how much you need to pay towards your employee's pension
    5. Check how much Maternity Leave you need to pay your employees
    6. Check how much Paternity Leave you need to pay your employees

  3. Step 2 Make your workplace safe and accessible for employees

    1. Prevent discrimination
    2. Make your workplace accessible for employees with disabilities or health conditions
    3. You are currently viewing: Keep employee information and data safe
    4. Fire safety
    5. Health and safety

    You also need to make checks when you recruit and employ someone.

    1. Find out what you need to check when you employ someone

  4. Step 3 Register as an employer and set up PAYE

    You need to register with HMRC so you can pay tax and national insurance for your employees.

    1. Register as an employer and set up PAYE
    2. Choose how to run payroll
    3. If you decide to run payroll yourself, choose payroll software

  5. Step 4 Check your responsibilities around workplace pensions

    1. Understand your pension responsibilities as an employer

  6. Step 5 Get Employers' Liability insurance

    1. Find out about Employers' Liability insurance

  7. Step 6 Recruit and employ staff

    1. Employ someone