Prevention of Discrimination (Guernsey) Ordinance, 2022

Published: 27 September 2022

We have prepared a 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 likely to come into force in October 2023 and legislates against discriminating people on the grounds of religion, belief, sexuality, race, disability or carer status.
 
As an employer
The new 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.
 
In advance of full details:
- Make yourself familiar with what the discrimination legislation is setting out to do and how your organisation may be impacted.
- Consider your current approach to data protection compliance, and your duties around all personal data.
- Ensure you understand the additional duties you have around all special category data.
- Start to think about 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 new 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.
 
Ful details of the discrimination legislation are yet to be agreed by the States of Deliberation but the rights you have in the data protection law will not change. Find out more about what rights you have.
 
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.

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NOTES:
*‘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).

**  ‘Special category data’ is personal data revealing an individual’s racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership, genetic data, biometric data, health data, data concerning an individual’s sex life or orientation, criminal data.