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AIBU?

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Original poster

Deliberate data protection breach

53 replies

Workissueshelp · 30/01/2019 21:59

Posting for traffic.

In a nutshell, DH’s manager at work has emailed another member of staff a letter that was sent to dh about an up and coming disciplinary matter. The email joked “I thought you’d enjoy this as you don’t get on” then it said make sure you delete this message.

This letter had our address on, not to mention the fact that dh was having a disciplinary action taken against him. (Off for work related stress)

Dh will not work for them anymore and will resign shortly. Horrible company who have made DH’s life a misery after going over on a TUPE.

We only found this out after requesting a subject access request.

Do you think if we report this, they will treat the data protection seriously?

OP posts:
parietal · 30/01/2019 22:01

The GDPR is so new that there are very few test cases and probably no one really knows. but I think it is worth reporting to the Information Commissioner and see what happens.

HollowTalk · 30/01/2019 22:02

That's terrible. Can he report it to the highest person in the organisation?

Lindy2 · 30/01/2019 22:03

What a horrible thing to do.
Yes I would report them. I think the information commissioner's office ICO is the place to report GDPR data breaches.

EZA15 · 30/01/2019 22:05

Have you raised a grievance at work about it and given them a chance to respond?

Daisymay2 · 30/01/2019 22:05

Constructive dismissal as well?

EZA15 · 30/01/2019 22:06

Just to clarify, there is no excuse for what your DH’s workplace has done, however, if the ICO do contact them the workplace can not then say that they’ve not known about it or had chance to deal with it

Loopy3585 · 30/01/2019 22:11

I would contact his work place and notify them of the data breach and inform them that you will also be reporting it to the ICO. The ICO will then ask them to investigate the incident. As someone has already said I personally would be taking it to a grievance for bullying within the work place

Original poster
Workissueshelp · 30/01/2019 22:14

Dh has raised a grievance and it was all swept under the carpet. The investigating manager is good friends with the person, so they made it go away.

We found this out afterwards.

On the letter where they send the documentation, they said they couldn’t send text and WhatsApp messages as the staff members had not consented to it. They are work phones and lots of WhatsApp groups.

Dh will probably go down the constructive dismissal root.

OP posts:
Original poster
Workissueshelp · 30/01/2019 22:16

Route*

OP posts:
Loopy3585 · 30/01/2019 22:20

Is there any way to appeal the outcome of the grievance and say you are not satisfied and you want it independently looked at? I would definitely be informing them that in light of the outcome of the grievance you will be reporting to the ICO to investigate

Original poster
Workissueshelp · 30/01/2019 22:23

You had to appeal within 5 working days and it was a few weeks ago now. They have stonewalled us on everything we have asked for.

We asked for evidence to support his case and after 4 weeks we have still not received it.

OP posts:
Loopy3585 · 30/01/2019 22:29

Definitely go down the ICO route the if I was you . I believe it’s an online form

Princessmushroom · 30/01/2019 22:33

A very similar thing happened to me and those involved were fired for gross misconduct. Hope that helps

Original poster
Workissueshelp · 30/01/2019 22:35

Thanks for your help.

OP posts:
Original poster
Workissueshelp · 30/01/2019 22:38

That’s good to hear princess mushroom.

OP posts:
Cautionsharpblade · 30/01/2019 22:58

There is probably lots more embarrassing stuff the company has chosen not to share with you. The ICO can investigate if you can prove they’ve withheld stuff (difficult) and trouble with an ICO investigation is that you have to wait months.

That said, getting written evidence of bullying is gold dust. Say you’re taking it to tribunal (don’t, too stressful) and aim for an out of court settlement. I could prove my employer had disclosed very personal info about me within and outside the company. Paid off my mortgage!

Original poster
Workissueshelp · 31/01/2019 06:00

There is no correspondence of any sort between the manager and his boss (the person who heard dh grievance). They would be in daily contact about dh as it’s been going on for months. All we have is a letter stating they have refused to let their phones be checked (where all the incriminating evidence is)

OP posts:
EZA15 · 31/01/2019 09:28

@workissueshelp how did you find out about the breach?

Cautionsharpblade · 31/01/2019 14:55

Have you phoned the ICO? I found them very helpful. They can tell you about workphones and whether they should be included.

longwayoff · 31/01/2019 15:12

Absolutely contact the Commissioner, disgraceful. Hope he fines them a lot.

DGRossetti · 31/01/2019 15:17

The company need to report themselves under GDPR.

Original poster
Workissueshelp · 31/01/2019 16:15

@EZA15

It was included in a batch of documents we received when we requested a subject access request.

OP posts:
Original poster
Workissueshelp · 31/01/2019 16:16

We contacted the ICO for advice and they said we had to let the company know first.

OP posts:
Shallishanti123 · 31/01/2019 16:49

I wouldn’t resign until he’s had legal advice.

PattiStanger · 31/01/2019 17:13

What an awful situation, what do need to let the company know? Is it that you are reporting them? Won't that give them a chance to destroy anything else that might be in breach?