For example, records kept in card indexes or in structured manual files would be covered. The data protection principles Schedule 1 of the DPA sets out eight principles governing the processing of personal data. These are similar to, but expand upon, those contained in the 1984 Act. Schedule 2 to the DPA sets out a number of pre-conditions, at least one of which must be met by the data processing in order to comply with the data protection principles. On the basis of these conditions an employer could, amongst other things, record details of an employee's sickness absences in order to comply with obligations relating to the payment of statutory sick pay and process data relating to racial or ethnic origin for equal opportunities purposes.
Personal data includes an expression of opinion about an individual .
In any case where an employer has recorded inaccurate personal data an employee has the right to seek redress through the Data Protection Commissioner or to apply to the court to have the inaccurate information corrected. Furthermore, an employee now has the right to recover compensation for damage caused by any breach of the DPA and also, in certain circumstances, for distress. If an employer has accused an employee of theft or sexual harassment and this is included in the employee records the employer could be at risk of libel actions or compensation claims if such allegations are false. The DPA clearly widens employees' rights and employers must take steps to protect their position. Employers must now review their personnel files and consider what information they actually need to hold on employees.