10 GDPR Mistakes that Trip up HR Teams
1. Sending fit notes to personal email accounts: Never forward medical documents to your own Gmail or Outlook. Even if you’re working from home, stick to secure work platforms.
2. Leaving absence forms on shared drives: Generic folders that anyone can access are not appropriate storage. Absence logs should be locked down to named users only.
3. Copying in the whole team: Group emails that mention someone’s sickness, especially the reason for it, breach confidentiality. Keep communications need-to-know only.
4. Publishing absence ‘league tables’: Pinning up a list of who’s been off most often, even if anonymised by initials, risks indirect identification and erodes trust.
5. Over-sharing with line managers: A manager may need to know when someone’s off and roughly why, but they rarely need full detail. Avoid forwarding medical letters unless strictly necessary.
6. Leaving health documents on printers: A GP letter left on the printer is a breach, plain and simple. Collect documents immediately or use secure print settings.
7. Discussing sickness in open-plan spaces: Stick to closed-door rooms or private calls. A well-meaning chat in a shared kitchen can land your company in trouble.
8. Recording too much detail: ‘Flu’ or ‘stress’ is enough for most logs. There’s rarely a valid reason to include diagnosis codes, medication names, or family history.
9. Not deleting data on time: Keeping absence records for years after someone has left without clear justification creates GDPR risk. Set a deletion schedule and stick to it.
10. Assuming ‘consent’ covers everything: Relying on employee consent is risky. In most cases, your legal basis will be legal obligation or legitimate interest, and that should be made clear in your privacy notice.
