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Human error data breech will I lose my job?

38 replies

IneedKirstieandPhil · 06/06/2019 15:04

Made a mistake and sent out a personal details about a service user to 6 other service users: It had been saved in the wrong folder.
I’ve reported myself immediately but it was my mistake it’s being escalated now - I work in public sector - I’m such an idiot genuine mistake :(

OP posts:
IneedKirstieandPhil · 06/06/2019 15:46

Bump

OP posts:
Di11y · 06/06/2019 15:59

you should be fine, they'll need to review the procedures to see if there are any additional safeguards they can put in place and will give you a warning. happens a lot.

did you save it in the wrong file or someone else? helps your case if someone else cocked up too!

Hmmmbop · 06/06/2019 16:02

Have you contacted your union? If you have a clean record otherwise they may give you a written warning and put you on probation.

IneedKirstieandPhil · 06/06/2019 16:05

I saved it in the wrong place 🤦🏻‍♀️🤦🏻‍♀️

OP posts:
Myimaginarycathasfleas · 06/06/2019 16:09

You did exactly the right thing reporting it. Your organisation can now go through its data breach procedures.

I'd be surprised if it results in you losing your job. You MIGHT get a telling off, in which case apologise, confirm you understand what you did wrong and its seriousness and what you can do to prevent it happening again. Hopefully your employer is wise enough to know mistakes happen and not make a thing of it.

QforCucumber · 06/06/2019 16:15

Can you suggest to password protect documents so that if they are sent to a wrong person they wont be able to open it? this shows you're being proactive in thinking of ways to avoid this happening again in future (also, anything with personal details on should be password protected as per GDPR rules)

Ivestoppedreadingthenews · 06/06/2019 16:24

There will be a policy. It would seem unfair to me over one mistake however much it was your fault. I wonder if it might also be influenced by the person who was impacted's reaction. I had a mistake made about my data (health related) and was satisfied that they were sorry and had changed things to make sure it didn't happen in that way again. I encouraged the ,organisation to be lenient (not sure if this made a difference, they obviously didn't tell me the outcome). I also asked that they tell the member of staff that everyone makes mistakes. Hope it goes well OP. You are only human after all.

Outoutout · 06/06/2019 16:33

Depends on the sensitivity of the data. Probably wont be dismissed, but I would have thought a written warning at the very least.

In my orginisation it would be pretty much instant dismissal.

You did the right thing reporting it.

Good luck.

Hopefully it'll be fine.

IneedKirstieandPhil · 06/06/2019 16:51

Thanks all feel worried sick just about to apply for a mortgage so losing job at the moment would be awful.

OP posts:
DallyG · 06/06/2019 16:56

A staff member at my work sent out a letter with confidential data to another patient (wrote the wrong name on the envelope)

She got a strip torn off her but didn’t lose her job. First mistake in ten years. Humans aren’t robots!

candlefloozy · 06/06/2019 16:57

I did this once. I didn't even get told off!!

IneedKirstieandPhil · 06/06/2019 19:06

I’m definitely getting told off floozy. Are you private sector?
Dreading tomorrow the anticipation of what’s to come is horrible

OP posts:
Hollowvictory · 06/06/2019 19:09

I think a final written warning. People make mistakes. (HR and that would be my advice)

IneedKirstieandPhil · 06/06/2019 19:26

Do I have to disclose a warning when applying for new jobs suppose I do 😞 so fucked now

OP posts:
Hollowvictory · 06/06/2019 19:42

No you don't.
They are unlikely to tell you the decision if the hearing is tomorrow

IneedKirstieandPhil · 06/06/2019 19:46

Sorry I mean in the future when applying for jobs do I disclose warnings? Assuming they would be part of my reference anyway so new employers likely to find out?
Huge mess over one silly mistake saving the wrong file 😞

OP posts:
Jessikka · 06/06/2019 20:19

@IneedKirstieandPhil how soon did you realise the mistake? we're you able to recall the email?

Maybe the other SU didnt see it?! 🤷🏼‍♀️ could that go in your favour?

IneedKirstieandPhil · 06/06/2019 20:30

As soon as I found out I flag up but sent out by mistake last week.
Rece

OP posts:
Hollowvictory · 06/06/2019 21:07

No you do t need to tell a future employer and very few employers ask about warnings in references

IneedKirstieandPhil · 07/06/2019 07:40

Sorry another hr one for @hollowvictory
If I’m dismissed and then do temping work for a bit before applying for another permanent post would I need to disclosed I’d been fired or could I not mention it if I don’t use them as a reference?

OP posts:
Hollowvictory · 07/06/2019 07:42

You usually are asked for reason for leaving. Of course you could lie but many references ask that so I would avoid doing so. You can ask to resign if it's likely you'll be fired, to avoid this. But I don't think you will be fired. 💐

Cookit · 07/06/2019 08:04

You’ll be fine with new jobs I’m sure. I know my employer only provides references that state “X worked here from yy.yy.yy to zz.zz.zz” and this is quite standard now.

notacooldad · 07/06/2019 10:38

From the information you have given us I don't think you will be sacked.
I work in public sector and have known people to give a child the wrong medication, people to have not given medication ( all accidentally, non maliciously) and keep their jobs.
They were disciplined and got a warning.
I think you will at best get a telling off and at worst a warning.
They may ask you to take additional training.

Everyone makes mistakes. I hope it goes alright for you.

Shoxfordian · 07/06/2019 10:40

Yeah you probably won't be sacked but might get a warning or disciplinary. I expect your organisation will need to report the incident to the ico

AnnieOH1 · 07/06/2019 10:53

Whatever the outcome you can use this to your advantage in future job applications. Those interview questions where you're asked what difficult situations you've dealt with. The important thing is you've recognised it and reported.

GDPR looks at the potential losses that could occur as a result of the breach. There may be other issues with regard to medical records but I'm not well briefed in that area.

Try and get some perspective from a GDPR viewpoint. An extreme example would be you sending HIV/drug abuse/alcoholism about say a famous person or similar to someone who is in a position to then discriminate or treat that person badly as a result. That could be costly to your organisation. However if what you've sent is Mrs Mason regularly takes methotrexate for her RA to Mr Enright who is on inflixamab infusion for RA then the consequences aren't major (unless Enright is Mason's ex and you've given away her address perhaps).

Anyway just try to get perspective and build your case if they do try to sack you. Consider why the mistake may have happened in any event and what you'll do to stop it happening again. If the mistake happened because of issues within the organization (short staffing or poor methods) then put the mistake back on their toes.

Is the organization and/or your department ISO 9001 accredited? It may be worth either printing off any appropriate procedures manuals (to prove you weren't doing anything outside the method if it is badly written) or offering it as a possible solution going forward.

Good luck!