# Can employer ask to see passport?



## TreeTiger (30 Apr 2010)

A relative works in a job where all staff have been asked to bring in their passports but no explanation has been given for this request.

[broken link removed] says:
"An employer may ask to see your passport at recruitment stage if this is  necessary to show that you are entitled to work in Ireland.  An  employer may note such passport details on your personnel file.  It  should not be necessary for an employer to retain a copy of your  passport and such action could be a breach of the Data Protection Acts. "

But from [broken link removed] I read:
"The employment law compliance bill 2008 - how does it affect employers? ... All employers are obliged to retain a copy of a passport or other  equivalent document from all employees for the duration of the  employment relationship or, where this has ceased, for three years  thereafter. In the case of an employee who is the holder of an  employment permit the employer must obtain a copy of the permit and must  have a record of the employment performed by the employee, the economic  sector in which it is being performed and the duration of the  employment."

How can it be a requirement for an employer to make a copy of an employee's passport if it could be a breach of the Data Protection Acts?

When I look at the Act, it seems to me that this requirement (on page 71) relates to Employment Permits, so I wonder is this a requirement for non-nationals working in Ireland as opposed to all employees?

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## tenchi-fan (30 Apr 2010)

TreeTiger said:


> A relative works in a job where all staff have been asked to bring in their passports but no explanation has been given for this request.
> 
> [broken link removed] says:
> "An employer may ask to see your passport at recruitment stage if this is  necessary to show that you are entitled to work in Ireland.  An  employer may note such passport details on your personnel file.  It  should not be necessary for an employer to retain a copy of your  passport and such action could be a breach of the Data Protection Acts. "*
> *



I think the keyword here is *could* be in breach. In other words, they are talking out of their backside and not giving any helpful advice!

Same way as the gardai shouldn't keep reams of info on people but they do anyway. Or an employer who, if a request was made under the act, would delete anything they didn't want you to know they were holding on to. The data protection act is pretty worthless. 

Anyway, certain jobs like financial services ask to see your passport at recruitment stage & I assume they take a copy. 

Down the road, if the employee proved to be illegal, I would not to be an employer who says "oh yea, i saw the passport but I didn't take a copy."


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