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UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4312
Experience:  solicitor
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We have a client who is using turnstiles records to confirm

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We have a client who is using turnstiles records to confirm dayworks submitted by us match the dayworks, is this procedure legal. As i was informed this is against data protection, as is only there for health & safety procedures.

UKSolicitorJA :



UKSolicitorJA :

If the client operates the turnstiles, they may check the records


UKSolicitorJA :

I do not see anything wrong with what they are doing.


UKSolicitorJA, Solicitor
Satisfied Customers: 4312
Experience: solicitor
UKSolicitorJA and other UK Employment Law Specialists are ready to help you
Hi there it depends on what information the turnstiles record. There are some turnstiles that may record personal data for example if the people that use them have to swipe in to go through them. If that's the case and the turnstiles collect such personal data then there's a possible data protection issue. The data protection act says that personal data should be processed fairly so if the reason for the turnstiles is for health and safety and that's what the people that use them are told then using their data for other reasons could breach data protection rules. If no personal data is collected by the use of the turnstiles then it's not going to be a problem as to how the records are used.

I am afraid there is an exemption under S.35 of the Data Protection Act which allows disclosure for legal proceedings.

As such, I do not see any issue with the client using the turnstile data.

All the best
Hi there the above answer's completely wrong the exemption mentioned is entirely irrelevant - no one's using the data for legal proceedings here you've yourself mentioned that the data's being used by the client to check whether the dayworks match meaning they're using it to check whether they're performing under contract - this isn't legal proceeding in any way.