CPA Bulletin

www.cpa.uk.net CPA Bulletin > February 2020 35 LEGAL: 2 The Information Commissioner’s Office (ICO) has published a new guidance document for data controllers on processing special category data under the General Data Protection Regulation (GDPR). This special category data concerns a person’s: • health; • sex life or sexual orientation; • racial or ethnic origin; • political opinions; • religious or philosophical beliefs; or • membership of a trade union. Article 9 of the GDPR prohibits the processing of special category data; however, there are a number of exceptions to this general prohibition, usually referred to as ‘conditions for processing special category data’. These are: • Explicit consent; • Employment, social security and social protection (if authorised by law); • Vital interests; • Not-for-profit bodies; • Made public by the data subject; • Legal claims or judicial acts; • Reasons of substantial public interest (with a basis in law); • Health or social care (with a basis in law); • Public health (with a basis in law); and • Archiving, research and statistics (with a basis in law). It is advisable that data controllers review their existing policies and practices to ensure that it complies with the guidance document. A copy of the document can be found at https://ico.org.uk/for- organisations/guide-to-data-protection/ guide-to-the-general-data-protection- regulation-gdpr/special-category-data/ New guidance published on processing special category data under GDPR Employers could be stopped fromwithholding references to any employee under proposals that were announced by the government prior to the General Election. This would mean that employers could, for the first time, be required to provide at least a basic reference for any former employee. These proposals form part of the government’s response to crack down on the misuse of Non-Disclosure Agreements (NDAs) by companies on employees. The Government was looking at legislation during the Summer, which ensured that any confidentiality clauses signed by any employee, would still allow the individual to disclose information to the police, regulated health and care professionals or legal professionals. Other recently proposed legislation includes: • Ensuring employers make clear, in plain English, the limitations of a confidentiality clause so the employee fully understands what they are signing. • Extending current legislation so that employees signing NDAs will receive independent legal advice. • Introducing new enforcement measures to deal with confidentiality clauses that do not comply with legal requirements - for example, an NDA in a settlement agreement that does not follow new legislative requirements will be legally void. Currently, an employer does not have to give a reference by law unless it is in the employee’s contract that they will do so. If an employer does give a reference it must be accurate and fair. The employer giving the reference can decide howmuch they include. A ‘basic reference’ details simply the employee’s job title and the dates they worked there, whilst a ‘detailed reference’ can include answers to questions from the employer requesting the reference, including: • details about the employee’s skills, ability and experience; • details about their character, strengths and weaknesses relating to their suitability for the new role; • how often they were off work; • disciplinary details; and • the reason they left the job. References must not be misleading or include irrelevant personal information. All details about the person, their role or performance must be fair and accurate. If opinions are provided, there should be evidence to support the opinion. Employers may be legally required to provide references UK City Clean Air Zone Update The following cities have outlined their latest proposals to improve air quality. • Newcastle, Gateshead and North Tyneside councils were consulting on the type and extent of their Clean Air Zone (CAZ). The CAZ will include HGVs and vans, but not private cars, and will cover a much smaller area than originally proposed, within the city centre. • Bristol City Council have agreed proposals - which will be submitted to central Government for approval - for a large CAZ with suggested daily charges of £9 for vans and £100 for HGVs, as well as a diesel car ban in the city centre operating between 07:00 and 15:00, seven days a week. HGVs and vans that are Euro VI compliant or have paid the daily charge will be able to drive in the city-centre diesel car ban area. • Leicester has submitted plans to central Government for a CAZ on the city’s inner ring road. If confirmed, this will mean vans and lorries will not be charged for entering the zone. • Dundee is consulting on two proposals for a Low Emission Zone (LEZ) within the inner ring road of the city centre. The first proposal only applies the LEZ to buses and the other includes all vehicles. The LEZ will be introduced by the end of 2020, but there will be a grace period, the length of which the city council is also seeking views on, before the start of enforcement of the regulations. • Sefton Council in Merseyside is in the very early stages of exploring the introduction of a CAZ for Buses, coaches, taxis, Private Hire Vehicles and HGVs. This follows the council losing a High Court appeal against Highways England’s plans to construct a dual carriageway linking Switch Island with the Port of Liverpool, which it believes will be detrimental to local air quality.