Labour Research March 2004

Law Queries

Providing employee names

Our employers are refusing to give the union the names of new starters, in line with our recognition agreements. They say that the Data Protection Act stops them from giving us any information about individuals. Is this right?

It is unlikely that providing a name, without any other personal information about the individual, would come within the definition of the Data Protection Act 1998. In a recent ruling, the Court of Appeal held that the Data Protection Act does not prevent the disclosure of a person's name in a document. It is only where there is further information about the individual that the law comes into play.

* More information: Durant v Financial Services Authority, Court of Appeal