Data Protection

[matty1001]

Got a quick question.
Where I work details of my working days since January have been written up and a manager has given these details to a work colleague.
The colleague has then passed this info on to an out of work friend, who I have received this info from.

Personally I am annoyed that this hasn\'t just been passed from a manager to me. And I am the third in a chain to find out about it (I also have no idea if I am meant to know)

So iv been looking for Data Protection info but nothing specific comes up. I have been reading through the actual act.
http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_2#pt1-l1g2

It seems this could fall under Part 1, Act 1, section C.
Although its all a bit cloudy to me.

It\'s just I am in a process of writing up a letter and this is something I would like to mention, although I don\'t want to look like a tit if they havn\'t broken the DP Act.

Any advice would be great.

 

[DaN]

Tbh buddy if it\'s an honest mistake I would just say to him that you\'re a bit miffed about it, and not bring up the actual DPA as it seems a bit confrontational...

But of course, it\'s still worth knowing for future reference.

I can\'t think of a relevant link to give you right now mate, but what sort of details are included on this thing...?

Name, DoB, NIN etc?

 

[matty1001]

Just an employee number and then records of all my working hours.
O yea and at the top in big bold lettering is PERSONAL in CONFIDENCE (slightly ironic)

I\'m not going to go all legal on them, but this is part of something bigger (which i\'m not going to go into) and would just like to know that if I do say they are breaching DP, and I would like to know why, that i\'m actually speaking sense.

 

[DaN]

Try this buddy:
http://www.ico.gov.uk/Home/what_we_cover/data_protection.aspx

 

[Dragonsreach]

Matty; What experience I have on the D.P. is that it is incredibly complex, but I think that it in not just the D.P. act that is being contravened in this instance.

There are several areas that you need to look at when discussing this.
1; Who is the Data Controller, as it is His/Her responsibulity to ensure that any data is handed, processed and available only to the correct and authorised persons.

2; What was the need for the document to be printed and passed to a third party, as if this document was marked Personal and Confidential there is a legal requirement from the employer to maintain that confidentiality in regard to that individual employee.

3; If this document has been passed to a person outside the Employees company and it is marked as Personal and Confidential than they most surely are in breach of several employment regulations, not to mention the \"Breach of trust\" that an employee should be entitled to from an Employer, both past and present. You will need to look at the terms and conditions that your employer has, if this has occurred from the company I know you worked for (J.L.) then their Human Resources department will have a set of the T&C available for immediate reference.

Whoever your employer is needs to tighten up on their control of data, a repeat breach of trust such as this could cause them to end up in court not just being charged under the Data Protection Act but also under Health and Safety Legislation as a breach of trust such as this can have serious implications should a third party decide to publish it to your detriment. The Employer could be liable for serious penalties should the data be used in a defamatory nature.

 

[matty1001]

Thanks Mike, thats much clearer than trying to make sense of the D.P. And cheers for that link DaN, makes it all a bit simpler.

The Data Handler, would be Personnel (I assume, as personnel person signs the letters) who would have given the form to Catering manager.

There was a need for this form to be printed and given to the manager. (Which I can understand the reason for)

From what I have been told one of the manager\'s (there are 4 involved in catering) has then blabbed certain parts of this info to an employee, who has then told an out of work friend.

I\'m not that annoyed that people know. But what I am annoyed at, is that I\'m sitting in a pub having a drink and a mate is telling me all these things from a file which I wasn\'t aware of.

At least now when I do mention it I won\'t just be brushed off. As by the sounds of your last point, things like this can get very serious.

Cheers for your help.

 

[Rodnik]

It looks like that at least some violations of DP carry a jail sentence.....
I would say it\'s a crime for a reason...and to go ahead and at least consult with an attorney.