Web based payslips via 3rd party - DPA issue?

[DD maker]

Hi, not sure if this is the right section to post - mods feel free to move to a more suitable section if necessary.

 

Any advice on the following issue(s) appreciated.

 

I work for a large employer and we are told that in a couple of months our payslips will no longer be printed on-site. Our BACS wage payments will continue to be processed by our employer's accounts dept as usual, however our payslips will no longer be physically printed. We will have access to all payslip information via a 3rd party website using a personal / work email address and password (apparently the 3rd party are used by other companies already and use proper web access encryption etc).

 

Initial indications are that employees will be able to opt out (either due to no web access at home or for personal reasons) from this on-line payslip system and continue to receive traditional printed payslips as we do now, however our employer expects the number opting out to be the exception rather than the rule. If opted out then it is not clear if the payslip information will still be sent to the 3rd party or not - opted out employees will receive a printed payslip but not receive access to the 3rd party on-line system.

 

Now,

 

With regard to DPA requirements, does our employer have the right to pass our name, hourly rate, salary, NI number and tax code to this 3rd party. I do not think we have signed anything on our employment contracts permitting personal detail disclosure to 3rd parties and there is nothing (yet) within the employers HR procedures regarding this.

 

Before the system goes live we will have slips to complete with an email address to be used for the sytem and a 'tick box' to agree to the system - will this cover the company regarding DPA?

 

 

Thanks for any observations and input.

[becky2585]

The processing of personal data must be for legitimate reasons and/or with consent. As there is a tick box and an option to opt out, I can't see any DPA breach here.

[Derwent]

Many companies outsource their payroll administration to third party service providers such as Ceridian without any issues so I can't see this being a problem.

[ericsbrother]

You raise two points so i suppose one should ask which are you bothered about? the website will be secure and access will be nigh on impossible for those not entitled to see it and the smae goes fro printed slips, they are not typed out one at a time but automated so it will take and effort to intercept the data.

There is always a risk that any information can get misused and a case in point was in the news last week with the gaolling of a group of identity thieves who included someone who worked for Santander. Now, the chances of a crook working for the data handlers is probably less than there being one working in your payroll office so the risk to your data is no greater.

I see the problem as being one of change- we all hate change for its own sake and you undoubtedly see this one as being unnecessary. Your organisation could have expalined their thinking better and shown what the advantages are for their business but the actual operation isnt in breach of the DPA although I'm not sure that the opt out part will be left free to be used by all.

[steampowered]

I think the answer is yes, the employer may do this and in fact does not need your consent. The DPA is not an absolute bar on using personal data, it requires fair and lawful processing, and administration of payroll is fair and lawful processing.

[DD maker]

Thanks all for your replies and input.

[bluestar83]

My employer is also about to do this, and did not even give us the choice, so it will cost us to print them!

 

me second employer is also conducting background checkes and is demanding a cipy of my bierth certificate to be held by experian, which im not thrilled with...any ideas if I can avoid this? thanks

[DD maker]

Hi bluestar83

 

Regarding the payslips, make sure that they have plans in place for when an employee leaves the company - will they still have access to their payslips online? If a mortgage provider (or any other organisation) requires copies of payslips will your employer be able to print them off for you (if the organisation doesn't accept your printed copy)?

 

Regarding the background checks / birth certificate, I believe that some jobs require it but I don't know a lot about that - wait for someone more knowledgeable to answer that one.

[ericsbrother]

Bluestar83, if you are already employed it would be rather difficult for your employer to force this upon you. The thing about background checks is they are supposed to be used only where there is a necessity to do so or for statutory reasons but many employers now do this as they are basically too lazy to have proper interviewing and farm out all of their HR requirements to other companies. Whether you have to cooperate would be down to the job role and how long you have been employed = less than 2 years and they can boot you out. Fred Goodwin passed all of the banking industry backgound checks and he managed to lose so mch money that if RBS was owned by Scotland it would have bankrupted the country. He id this becuase he sacked all of the compliance officers because they kept telling him he couldnt legally do what he was doing but he isnt in jail so perhaps you can break the law with impunity of you aim high enough.