Criminal liability could be incurred by individual members of staff should they breach the DPA. The following statements are included in all new contracts of employment:
You are required to abide by the University’s Data Protection Policy, a copy of which is included in the Handbook for Members of the Academic and Related Staff. A failure to follow any of the guidelines in relation to the collection, keeping, processing or destruction of any personal data, whether regarding another staff member, student or other third party, and whether deliberate or accidental, will be regarded as potential misconduct, and may result in disciplinary proceedings being brought. Deliberate or negligent misuse of data, whether by unlawful disclosure or otherwise, may be considered gross misconduct, and may result in summary dismissal in the most serious cases.
Data Protection Act 1998 - Consent to Process
Under the terms of the Data Protection Act 1998, in certain circumstances, the employee’s consent may be required and where the information is sensitive, explicit consent is often necessary. Please note that when accepting the offer of this appointment by signing below, you are also agreeing, by virtue of this contract, to Aberystwyth University, processing such information as may be necessary for the proper administration of the employment relationship, both during and after your employment, provided that proper regard is had to such data protection principles as may be in force.
Where processing of sensitive information is required for purposes other than those outlined above, the University will, where necessary, seek the individual’s consent prior to such processing.
This may include information about any or all of the following:
Mental or physical health, including dates of absence from work due to illness and the reason for the absence; matters relating to pregnancy and maternity leave; criminal convictions; race or ethnic origin; qualifications; matters of discipline; pensionable pay or contributions; age and years of service; membership of a recognised trade union.
This information may be processed by the University for any of the following reasons:
Payment of salary, pension, sickness benefit or other payments due under the contract of employment; monitoring absence or sickness under an absence control or capability policy; training and development purposes; management; planning negotiations with trade union or staff representatives; redundancy and succession planning; curriculum planning and organisation; time table organisation; compliance with the equal opportunities policy; compliance with the Disability Discrimination Act.