We have prepared this factsheet for employers and employees following the introduction of discrimination legislation in Guernsey, to explain how the requirements may affect you.
The new law is in effect from 1st October 2023 and legislates against discriminating people on the grounds of religion, belief, sexuality, race, disability or carer status. Additional provisions will be coming into effect in 2028.
As an employer
The legislation is likely to impact the way in which you are required to collect and use personal data* about potential, new and existing employees. It is also likely to include the processing of special category data** which is given a higher level of protection because of its sensitivity and potential for harm if misused.
Some suggested steps:
- Consider how you may need to incorporate any new duties into your current data processing activities.
- Review all data collection points (e.g. job application forms).
As an employee
The discrimination legislation is likely to impact the way in which personal data* about you is collected and used. It is also likely to involve special category data** which is often more sensitive information. Data protection legislation recognises the potential harm should such information be misused or mishandled and gives greater protections for it.
Any processing of data relating to you needs to be carried out in compliance with the legal standards set out in that law. Where that data is ‘special category’ additional rights and safeguards are in place.
Do not be afraid to ask your employer what steps they are taking to ensure all personal data they have about you is properly protected.
*‘Personal data’ has a very broad legal definition, it is: ‘any information relating to an identified or identifiable [living] individual’. The scope of what is considered ‘personal data’ expands even further when you consider that it includes both factual information about people as well as opinions expressed about people. It also includes anonymised data that could identify people if it was combined with other information. NOTE: personal data does not include: any data about a dead person; any information, facts or opinions that do not relate to, or identify people (e.g. employment statistics, or anything else that has been irreversibly anonymised).