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Letters

Commissioner’s decisions should be challenged in court

Data commissioner Irene Loizidou Nicolaidou

It’s not altogether clear but it seems that the companies merely derived a Bradford Factor for employees which they could take into account as just one input to HR management rather than there being automatic consequences for an employee if certain levels are calculated (which certainly would be problematic).

The metric is concerned with absences and does not distinguish between ‘sick days’ (which might be regarded by some as constituting personal medical data) and other absences. It is an objective measure with calculation not depending on any subjective assessment by the employer of whether an absence is health-related or not.

One hopes that the personal, very idiosyncratic, opinion of the commissioner is to be challenged in court to see whether Cyprus law, properly interpreted, really does go beyond EU Directives (uniquely as far as I can see) in outlawing this very widely implemented management tool.

BE also posed another question…

I wonder if people are so quick to complain when formulas are used to calcualte bonuses or salaries ?

Commissioner slaps record fines for data violations


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