Key Features of the Code

Former Employees' Matters

• Personal data of a former employee may be retained for a period of up to seven years from the date the former employee ceases employment. The data may be retained for a longer period if there is a subsisting reason that obliges the employer to do so, or the data are necessary for the employer to fulfill contractual or legal obligations.
  
  
• An employer should take all practicable steps, at the earliest opportunity upon the departure of an employee, to ensure that only relevant information of the former employee is retained to satisfy its retention requirements.
  
  
• In any public announcement notice regarding a former employee having left employment, the employer should take care not to disclose the identity card number of the employee concerned in the notice.
  
  
• An employer should not provide a reference concerning a former employee to a third party without first obtaining the employee's consent for this unless the employer is satisfied that the third party requesting the reference has obtained the prior consent of the employee concerned.
  

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