Employee DSAR: Practical Steps to Comply
Consumers are often seen as the primary targets of data protection laws (because they are). However, employees also enjoy certain rights under these laws.
One example is the right to access their data by submitting an employee?Data Subject Access Request?(DSAR). This includes anything from contact information and employment history to medical records and performance reviews.
Understanding your obligation regarding employee DSAR simplifies data access for your workforce while ensuring compliance with data privacy laws. This guide will walk you through everything you need to know step-by-step.
Let's dive in!
Key Takeaways
What is an Employee DSAR?
First things first, a DSAR is a fundamental right under data privacy laws. It allows individuals to request access to the personal data an organization holds about them.
Many data privacy laws today, including the EU's?GDPR, Brazil's?LGPD, and California's?CPRA, empower consumers to access their data via DSARs.
However, employees also enjoy this privilege.
In this context, we use "employee" as a blanket term for all workforce individuals, including job applicants, independent contractors, board members, etc.
When we talk about an?"employee DSAR,"?we're referring to a specific request made by your own employees to access their personal information within your company.
In practice, this includes but isn't limited to the following:
The primary purpose of an employee DSAR is?to empower your workforce. It gives them a glimpse into the personal data you hold about them. This transparency ensures that employees have control over their data and understand how it's used.
Responding promptly to employee DSARs is vital for several reasons:
Responding appropriately to employee DSAR isn't just about obeying the law – it's about creating a trustworthy workplace for your employees, which ultimately benefits your business.
How to Respond to an Employee DSAR
To respond effectively to employee DSARs, you'll need a structured process that explains how you'll acknowledge, verify, and respond to DSARs promptly.
Under data privacy laws, you typically have?30-45 days?to respond to DSARs (30 days under GDPR and 45 days under CPRA). That said, responding earlier (if you can) certainly couldn't hurt.
Here's our step-by-step guide to help you navigate this process:
Receive and Acknowledge the Request
The first step in your employee DSAR process should be acknowledging the request as soon as you receive it. You can do this via an?email or a formal letter?confirming that you've received and are reviewing the request.
Verify the Requestor's Identity
Seems obvious, but you'll need to confirm the identity of the person making the DSAR. This way, you avoid disclosing?sensitive personal information?to the wrong parties.
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To do this, you'll need a verification process, particularly?proof of identity, to ensure the request comes from the right individual.
Identify Data Sources
At this point, you'll need to map out where all employee data is stored within your organization (if you haven't already). We're talking HR databases, email archives, personnel files, third-party records, and any other data repositories.
On that note, leveraging effective?data discovery software?is a best practice for the most effective results.
Besides enabling DSARs, understanding your data locations is a strong starting point to comply with the requirements of data privacy laws.
Collect Requested Information
After locating the requested information, you'll need to?collect and compile it in a clear, practical format to allow easy understanding for employees. When doing this, ensure you're only collecting the bare minimum data necessary to fulfill the DSAR.
You should also make sure that you are not collecting any data that is exempt from the right of access under data privacy laws (more on this in the next section).
For example, you don't need to disclose personal data that is subject to legal privilege, or that could be used to commit a crime.
Securely Deliver the Information
When providing the requested data, use secure and encrypted channels to protect the confidentiality and integrity of the information.
Make sure to inform the employee how to access their data securely.?You can deliver the data electronically or in hard copy, depending on the employee's preference.
If you are delivering the data electronically, you need a secure method, such as encrypted email, password-protected files, or secure online portals. If you are delivering the data in hard copy, you need to send it by registered mail or have it delivered in person.
Maintain a Record of the Response
Document the entire process. In particular,?keep records of when the request was received, how it was verified, and when and how the data was delivered.
Efficient record-keeping helps you demonstrate compliance and transparency in case of regulatory inquiries.
What Happens if You Illegally Refuse a DSAR or Do Not Recieve All Necessary Details?
Illegally refusing a DSAR can bring serious consequences for your business, including fines and reputational damage. Let's take a closer look:
We'll stop here for now, but you can read the full guide here: https://www.captaincompliance.com/education/employee-dsar
Achieve compliance success with Captain Compliance
Employee DSARs are a chance to turn a potential compliance headache into a trust-building opportunity.
For a smoother, more efficient DSAR process, consider?outsourcing compliance?to a dedicated compliance provider.
At?Captain Compliance, we offer specialized data privacy compliance services tailored to your needs. From establishing efficient DSAR response processes to navigating other data privacy requirements, we've got you covered.
Ready to streamline your compliance journey??Get in touch today!