Gdpr breach at work?

No, they're not FGS. They're suggesting that OP could report her colleague for committing a breach of the GDPR if she feels strongly about it. And it doesn't sound like you'd "obviously" be respectful of her wishes at all if you were her colleague.

I would say a birthday is just a fact and isn’t really something you are likely to be judged on, I would think a colleague strange if they were purposefully keeping theirs secret tbh.

The fact you can't imagine why anyone wouldn't want to be reminded of a significant date, and make endless small talk over it being a "happy" day, is strange tbh.

Have a bit of compassion for people that have lived a life different from yours.

Are people seriously suggesting that OP reports someone for giving her a card and being nice!! FGS what is it coming too! And yes how saying I don’t discuss my age or birthdays at work is pretty odd in my experience. I have never heard anyone reply like that… so weird. Obviously I would respect their wishes but that doesn’t make it less oddd

see my reply above 👍

@homemadepopcorn "If OP has uploaded their DOB to their public Facebook then GDPR does not apply in this instance." Exactly, which is why I wrote "It doesn't matter where the woman got the information from if OP hasn't placed it in the public domain."
"From OPs OG post it would seem this information is accessible through viewing their FB profile." I don't know where you get this from since OP wrote in her opening post: "I am not on any social media."

So does OP. Imagine being so cryptic as to refuse to answer how old you are at work. May as well sign up for the severance programme.

And then did you follow that up? "Go on, you'll have to give me a clue. I can't work out how you'd know"

Oh no I completely misread the OP! Definitely a breach if has been obtained internally

Most likely is she mentioned it to someone who replied something along the lines of:
"Oh she's 36 on the 14th May. She's exactly a day older than my sister."
Ime that's how birthdays normally get out.

"I haven't told anyone else in the team my birthday and I don't believe myself and this lady have any friends in common...I am not on any social media."

From the OP, she is not on fb!

This other person has obviously done some digging to find out the OP's birthday which is weird and she may well have breached GDRP to do so.

So does OP tbh

There was a long discussion on a thread yesterday about the whole issue of access to medical records if anyone wants to see how things vary across the NHS

If OP has uploaded their DOB to their public Facebook then GDPR does not apply in this instance. From OPs OG post it would seem this information is accessible through viewing their FB profile

The OP herself used the word weird, I was responding to her but I know that maybe quoted posts dont always show up

I haven't commented on my own choice, my observation was about the many office environments I've worked in. You don't know whether I share my birthday.

I work on public sector (not NHS) and I suspect it is the same elsewhere but our IT dept would be able to produce a list of who had accessed which records. Maybe speak to someone in Data Protection/ Information Compliance in the first instance and ask what you have to do to find out if someone has accessed your record without legitimate purposes. Perhaps make a Subject Access application and be specific that you wish to know who has accessed your electronic personal records in say the last 60 days and take it from there.

if she has accessed them without legitimate purposes it has potential to be dismissal - it would be where I work.

It does seem strange not to want people to know tbh, it’s not like it’s particularly private or sensitive information. I can understand wanting to keep your personal life such as marriage status, relationship with family, financial situation, health etc private from colleagues but not wanting to share your birthday seems a bit ott. I would say a birthday is just a fact and isn’t really something you are likely to be judged on, I would think a colleague strange if they were purposefully keeping theirs secret tbh.

She did!!

She said

Ereerenownow · Today 11:12

Hi thanks for all of your messages and support. I'm not sure why some people are calling me weird for not sharing my birthday. I simply dont want people at work to know. Is that really so strange..genuine question?
I'm not tetchy about my age or anything but these people are not my friends...I honestly don't get the pressure from some to share this information.

I am responding to that so the OP actually did ask!!!

I bet all the people on the thread who are dismissing the OP are equally dismissive about stalkers?? "Oh they're only walking down the street outside your house, oh they're only adding you on all the social media, etc etc. "

It's down to the OP whether they share their personal information, not some creepy nosey colleague trying to somehow prove a point about how they can have power over the OP. Or randoms online judging about whether they are worried about the same things the OP is worried about.

She didn’t ask for anyone’s opinion on that.

It doesn't matter where the woman got the information from if OP hasn't placed it in the public domain. Obtaining someone's date of birth, without their consent, would be considered a breach of GDPR unless she had a legitimate reason to collect and process OP's personal information, which doesn't seem to be the case from what OP's told us.

This is actually not necessarily true. What is true though is they can see who’s accessed records. I would make a report and the reason for it and they will be able to see if she’s accessed records.

for your own reference if she has she will be fired. It’s gross misconduct.

"Ereerenownow · Today 11:12

Hi thanks for all of your messages and support. I'm not sure why some people are calling me weird for not sharing my birthday. I simply dont want people at work to know. Is that really so strange..genuine question?
I'm not tetchy about my age or anything but these people are not my friends...I honestly don't get the pressure from some to share this information."

I was responding to this post as I have read the full thread so maybe you should have too!

@Ereerenownow From your posts OP, it seems as though you like this woman well enough in the workplace, but you see her as a pleasant colleague rather than a friend. You clearly are friendly in the office, so maybe she sees you as more of a friend, hence her apparent intrusiveness (and promise to give you a birthday card! 😳 )?
She has definitely committed a data breach, regardless of how she found out your DoB. One of the eight GDPR requirements is that someone has to have a legitimate need for personal information about someone and she plainly does not. If someone gave her this information, they've also committed a data breach (although they may have done so unwittingly if she told them she had a legitimate need to know). Do you have much contact with your HR dept? Would you consider them to be professional? (i.e. how likely is it that one of their staff has been so stupid as to gossip about your age to this woman?).
I think you need to decide what you want to do about this and then act accordingly. For example, would you want to make a complaint to HR that she has found out your DoB thereby breaching the GDPR wrt your personal information?

I sort of understand not wanting to share your age, but I find it baffling to not even want to chat about simple things like birthdays with colleagues.

Totally understand wanting to keep the twists and turns of private life out of the workplace but some basic sharing of information is part of how teams create and coalesce

calling someone's choice weirdness just because its not your choice is pretty judgemental