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Original poster

Any recruitment consultants about? Personal data problem.

23 replies

Annajohnsdottir · 14/11/2018 19:39

I got a call out of the blue today from a recruitment consultant that I last dealt with about five years ago. I applied for a job via a big agency and this guy was in charge of the position I'd applied for. I got the job and worked there for 3 years.

In that time my company used the agency again to hire more staff around me and I learnt that the recruitment consultant who dealt with me had left them and moved on to work for someone else.

The same guy called me today and told me "I found you on linked in but you didn't list a contact number. I see you've left the job I placed you in though. So I checked my contacts to see if your number is still the same and it seems it is! I have a job that will interest you!"

My first thought was 'why do you personally have my number' and 'did you steal all your clients details when you left the agency'?

I quickly made my excuses, said I was at work and couldn't talk (true). But I did ask that he call me back tomorrow to discuss the job more (but I have no interest and aren't looking for a new job). I wanted time to research if he's done anything wrong because it feels like he has. Also I want to know what company he now works for which is why I've asked for the call back.

So does anyone know if him apparently stealing mine and potentially others details from the agency, taking them with him when he left and keeping them all these years is a big no no? If yes what can I do about it? Should I notify the agency he used to work for?

OP posts:
PoliticalBiscuit · 14/11/2018 19:43

5 years ago! Yes I would probably contact his previous agency and let it be there problem.

If I was really annoyed I'd also contact his current one. Why didn't he just message you on Linked In like a normal person Angry

Original poster
Annajohnsdottir · 14/11/2018 19:48

Thanks for replying! I don't understand why he didn't message me either? Maybe because a message is more easily ignored?

OP posts:
gamerwidow · 14/11/2018 19:57

Surely this is against GDPR rules. You might have given permission for the agency to have your details but I’m sure that permission doesn’t extend to him keeping your details personally so that he can speculatively contact you. He is not using your data within the permissions you’ve granted.

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Employment advice
Original poster
Annajohnsdottir · 14/11/2018 20:08

@gamerwidow that's very much along my line of thought. I agreed for the agency to have, use and keep my data but not for him to take it and use it in the next company he worked for and beyond.

I'm going to see if I can find out who he works for now via linked in...

OP posts:
EatSleepRantRepeat · 14/11/2018 20:18

This is definitely a data breach. My company would sue anyone who took personal data like this (and they also make it clear thst bringing this kind of data with them from other companies is a sacking offence).

Original poster
Annajohnsdottir · 14/11/2018 20:27

@eatsleeprantrepeat so it's not just a no no it's a very big deal!?

What should I do? I definitely am not happy about what he's done but I don't want him sacked either. I don't want that on my conscience. Does that mean I have to drop it and walk away?

Also, I've found who he's now working for on LinkedIn (Ha! No autocorrect fail this time!) so don't necessarily need to speak to him tomorrow any more.

OP posts:
Yourcupwillneverempty · 14/11/2018 21:24

I'd contact the old agency and tell them. Say that you aren't looking for a job but that you're concerned as to why a seemingly ex employee has your contact details.

Caprisunorange · 14/11/2018 21:26

It’s honestly not a big deal. This is what recruitment agents do. You won’t get anywhere because thousands of them are doing it. You’re better off just forgetting about it.

EatSleepRantRepeat · 14/11/2018 21:31

so it's not just a no no it's a very big deal!?

It depends how much data he has taken with him really - if it was just the odd one or two contacts and it's an unprofessional agency they may shrug it off, if he's downloaded a database-full then they're more likely to take action. Either way under GDPR you have the right to request they stop storing and processing your data with immediate effect, so if you don't want to get anyone in trouble (you sound like a very nice person to worry about that!) then you can request that his new agency does that and removes you from all of their databases.

Doyoumind · 14/11/2018 21:31

This is absolutely what recruitment consultants do but he's stupid to have basically told you it's what he's done. He could have had your details on his phone. I have contacts on my phone from years ago who were clients or suppliers. I wouldn't call them but I'm not a shifty recruitment consultant.

Original poster
Annajohnsdottir · 14/11/2018 23:29

@Doyoumind yes he is a bit stupid and he's always been that. When I say he placed me in a job 5 years ago, I found the job myself and I had to put all the leg work 're my cv and arranging the interview and he almost blew it for me before I even got to the interview. He gave me the wrong address for it and by the time I'd managed to get to the right place (which was a 20 minute walk away) I was 5 minutes late. Not a great first impression! He sat in on the interview and never once mentioned that he was the reason I was late.

Then he contacted me after I'd been at my new job 1 month and said he'd found me something better and did I want to go for it? He knew full well I'd had a pay back clause written into my new contract (because he negotiated it!) and that if I left within 12 months of starting I'd have to pay my boss the fee they paid to the agency to 'find me', which was £2,000. I really resented that clause considering he did nothing except register me with the agency to allow me to apply for their job that I'd found on Indeed Hmm

OP posts:
Original poster
Annajohnsdottir · 14/11/2018 23:34

I figured most recruitment consultants were at it considering stealing client data is rife across many sectors. I just thought hanging onto my details for 5 years was a bit crap, accident/ coincidence or not.

I'm definitely going to ask to be removed from his database and also the original agency he worked for. Just recounting the crap he pulled has actually made me a bit cross and that's the only thing that will make me feel better I think.

Thanks everyone for your help and advice! It's very much appreciated Smile

OP posts:
topcat2014 · 15/11/2018 07:33

You have a touching faith, op, that recruitment consultants would follow this type of legislation...

AngelinaNeurosurgeon · 15/11/2018 07:44

It sounds like at best he had your no. on his phone and never removed it; at worst he took all his files with him when he left. Either way he is breaching GDPR and it’s predecessor the Data Protection Act 1998.

buckeejit · 15/11/2018 07:50

It's very wrong & id be pissed off. 'Everyone does it' wouldn't placate me & doesn't make it right.

I'd complain to his company, old & new.

gamerwidow · 16/11/2018 07:22

It’s honestly not a big deal
Yes it is it’s breaking the law and ignoring people’s rights to protection of their data. It doesn’t matter if everyone is doing it. There isn’t a special exemption in the regulations for recruitment consultants who want to harass people for jobs they don’t want and staff they don’t need. If your business module relies on you doing this then it’s a bit shit.

Caprisunorange · 16/11/2018 07:55

Breaking the law isn’r always a big deal, believe it or not. What exactly do you expect will be done about it?

Honestly you’re over reacting OP. I get approached about jobs weekly. Some are unsuitable, but the last 3 (brilliant) jobs I’ve had have been gained by direct approach. You’d hardly be complaining if it was a brilliant job you really wanted would you? You’d be thankful he saved your number from all those years ago.

gamerwidow · 17/11/2018 19:35

Breaking the law isn’t always a big deal, believe it or not. What exactly do you expect will be done about it?
I expect the ICO to levy the fines and punishments legislated and I expect individuals to have the data breach logged on their DBS.
This has happened in my work don’t get complacent.

Caprisunorange · 18/11/2018 07:00

There is absolutely no way that’s going to happen gamerwidow and I work for an organisation who recently reported themselves too.

But OP give it a go. Then come back and tell us what happens

treaclesoda · 18/11/2018 07:08

What should I do? I definitely am not happy about what he's done but I don't want him sacked either. I don't want that on my conscience. Does that mean I have to drop it and walk away?

Even if he got sacked you wouldn't need to have anything on your conscience. Because if his employer deemed it to be gross misconduct or whatever then that's his problem. He's an adult and has to take responsibility for himself.

Feeling bad about calling someone out on their poor behaviour is what allows people to get away with crap behaviour.

Boxerbinky · 18/11/2018 07:41

I used to work as a recruitment consultant, I found it soul destroying. The couple that owned the company I worked for definitely stole both company and personal data to set up on their own!

They were sued by the quite well known company they both worked for, but they definitely retained much of this information because they talked proudly about how many clients they had poached!

I'm not sure that they would get away with that in the wake of the new GDPR regulations. I think it is quite usual practice for consultants to rely on old contacts and take them with them to new companies.

You are however correct - you agreed for your personal data to be used by the company and not the individual, a definite breach of gdpr.

goingatlast · 18/11/2018 10:03

"He knew full well I'd had a pay back clause written into my new contract (because he negotiated it!) and that if I left within 12 months of starting I'd have to pay my boss the fee they paid to the agency to 'find me', which was £2,000."

Never mind everything else. How is this legal? Recruitment agencies are not allowed to charge the people they find placements for any money! The clause should have been between the agency and your new employer.

Caprisunorange · 18/11/2018 10:44

That’s not legal or enforceable. Not sure how they managed to persuade the OP it was tbh

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