Can the Data Protection Act 1998 be used to ask for information?

Yes, within limits. Employees have a right under the Data Protection Act 1998 (DPA 98) to a copy of redundancy selection material that contains personal information about them. Advice on making a Data Subject Access Request for this information can be found on the Information Commissioner’s website. The DPA 98 does not allow workers to access data about management planning which would prejudice the future conduct of the business. This would include future plans about redundancy or reorganisation. Employers have a full 40 days in which to respond to a request and are not allowed to ask for a fee greater than £10. Any request should be as precise as possible to avoid arguments that the request is too onerous.

In 2013, an employee with 10 years’ service successfully used the DPA 98 to obtain details of her redundancy scores. After being refused disclosure of the assessment behind the scores by her employer, a North London Council, she made a request to the organisation’s Information Officer under the DPA 98, followed by a complaint to the Information Commissioner’s Office. He reviewed the case documents, including copies of emails asking for and being refused sight of the assessment document and evidence used. The ICO ordered that the employer had an obligation under the DPA 98 to treat the request as a data subject access request and to hand over the documents (Source: Struck Out Blog: Garden Court Chambers: www.struckout.co.uk/requiring-an-employer-to-disclose-a-redundancy-assessment/).