If my employer loses an employee's pay slips are they in breach of ID theft or data protection? Matthew Whelan and Esther Smith advise.
The question:
A member of staff was away on leave and the payslips (two months worth) were given to the line manager while they were away. When this person asked for these they have simply said they can't find them. Is this a data protection issue – what if they have been stolen?
Legal advice:
Matthew Whelan, solicitor, Speechly Bircham
This could be a data protection issue. The Data Protection Act 1998 aims to protect the use and distribution of personal data. ‘Personal data’ is data from which an individual can be identified, which will include your payslip as this states your name, address, national insurance number etc.