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How long are you legally obliged to keep records for?

  • 10-08-2010 8:51am
    #1
    CuppaCocoa
    Closed Accounts Posts: 1,858 ✭✭✭


    Hi,

    An ex-employee has contacted our office requesting specific employment information going back over fifteen years ago. We have the basic details of employment but not the hours worked or other information they are looking for.

    In their letter to us they state that under the freedom of information act, we are legally obliged to provide this information to them. Is this correct? I thought we were only obliged to keep records for a minimum of six years? They are talking about seeking legal advice?

    Without going into too much detail, our company has over fifty employees with a fairly high turnover. We do not have a legal department!

    Any advice greatly appreciated.


Comments

  • #2
    CuppaCocoa
    Closed Accounts Posts: 1,858 ✭✭✭CuppaCocoa


    It's ok, discovered that we're not covered under the Freedom of Information Act. Under the Data Protection Act we're not obliged to keep personal records any longer than is necessary. Phew!


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Private entities are not subject to FOI Act. You are subject to the Data Protection Act. A formal subject access request would have had to have been made of you, in which case you have a period of about 6 weeks to furnish all information contained on your systems and/or files.

    If this is a court discovery requirement or a formal subject access request (not under FOI) then I would advise getting your company nominated solicitor to handle this for you.

    Tom


  • #4
    CuppaCocoa
    Closed Accounts Posts: 1,858 ✭✭✭CuppaCocoa


    Tom Young wrote: »
    Private entities are not subject to FOI Act. You are subject to the Data Protection Act. A formal subject access request would have had to have been made of you, in which case you have a period of about 6 weeks to furnish all information contained on your systems and/or files.

    If this is a court discovery requirement or a formal subject access request (not under FOI) then I would advise getting your company nominated solicitor to handle this for you.

    Tom
    We have already had lengthy correspondence with this person and have given all the information which we had on file. Their request is about a specific part of the job which they carried out and which we cannot confirm. :confused:


  • #5
    hinault
    Registered Users, Registered Users 2 Posts: 5,932 ✭✭✭hinault


    In relation to payroll records/creditor invoices/sales invoices and other financial records, there is a 6 year period in which records must be accessible.


  • #6
    CuppaCocoa
    Closed Accounts Posts: 1,858 ✭✭✭CuppaCocoa


    hinault wrote: »
    In relation to payroll records/creditor invoices/sales invoices and other financial records, there is a 6 year period in which records must be accessible.

    Grand so, it's over 15 years ago! ;)


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