2018 – Latest Important highlights and decisions

GDPR won’t go away

Lands Authority security flaws

As you may have followed on the media the Lands Authority had a massive flaw in its website and this meant that data subject’s details including identity card details, email correspondence and much more was easily accessible on the internet.

What to take from this: 1. See if you really need all the data that you are collecting and storing. 2. Make sure your IT infrastructure is secure – you can have all the GDPR documents in place but IT flaws can doom your company.

Maltapost PLC Vs Kummissarju Għall-Informazzjoni u l-Protezzjoni tad-Data

The Court of Appeal on the 8th October 2018 held that the IDPC was right to conclude  that CCTV footage should, generally, be deleted after 7 days. Furthermore a 20-day retention period can only be agreed to, as an exception,  for a high risk area and the nature of the work carried out in such area.

What to take from this: Do not keep CCTV footage longer than is necessary and NO it should not be until your storage is full. Keep in mind the 7 day retention period unless there is an exception which applies.

N.B. This decision although based on the old law of data protection it still remains of relevance and remember that GDPR  is more burdensome so it is important to keep this judgement in mind at all times. 

 

Unused Vacation Leave

Two joined cases, Stadt Wuppertal v Bauer and Willmeroth v Broßonn (C-569/16 and C-570/16)

Workers right to paid annual leave does not terminate upon the worker’s death therefore heirs are entitled to claim any accrued but untaken leave not taken up by the deceased worker.

What to take from this: You should not refuse to make a payment in lieu of accrued holiday entitlement to the heirs of the deceased employee.

Max-Planck-Gesellschaft v Shimizu and Kreuziger v Land Berlin – European Court of Justice

It often happens that employees do not take all their holiday leave entitlement  within the year and the fundamental question is what happens if such employee does not take the outstanding statutory leave entitlement before the end of  the year. Can they be prevented from carrying it over?

No, unless the employer has ensured “specifically and transparently” that the employee  has been given the opportunity to take the leave, held the CJEU

What to take from this: You need to have a system in place to send the necessary reminders particularly towards the end of the year informing your employees what holiday entitlement is still outstanding and encourage them to take it.