What about data protection and confidentiality?

Employers sometimes try to avoid sharing information with union reps by referring to the Data Protection Act 1998 (DPA 98) and to concerns about commercial sensitivity. However, the DPA 98 does not prevent employers providing this information to reps because there is a statutory exception under the DPA 98 for personal data that is supplied by the employer under a statutory obligation. In any event, much of the information can be anonymised. As regards confidentiality and commercial sensitivity, union reps can and often do enter into confidentiality agreements restricting disclosure of sensitive information provided during consultation. An employer’s confidentiality concerns are not allowed to take precedence over the statutory duty to consult.