Disclosure of information under TUPE and Data Protection

HR departments sometimes express concerns about the Data Protection Act (DPA) in the context of TUPE. However, the DPA does not prevent HR supplying this information to unions, because it is provided under a statutory obligation. It is best practice to anonymise the data where possible. Where necessary for reasons of commercial sensitivity, confidentiality agreements can be signed. The Information Commissioner has produced guidance on the Data Protection Act in relation to TUPE. The ICO’s Data Protection Good Practice Note can be downloaded from the website at: www.ico.gov.uk