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AIBU?

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Original poster

Confidentiality / GDPR

48 replies

welshmum3 · 07/03/2022 14:12

I recently sent an email to a member of staff at my child's school. (Residential special school)
Child saw a copy of this email (which I'd printed out and filed at home) and photographed it and then sent the photo to a school friend, who has shown it to other people.
This email contained a lot of personal information about my child, as well as my email address.
School has asked the student to delete it but he has declined saying he wants to "hang on to them for a bit".
Can I make him delete them?

OP posts:
BloodyN0rah · 07/03/2022 14:20

Did the document photographing happen at your child's school or at your home? Is it the child who was discussed in the document?

RoomOfRequirement · 07/03/2022 14:24

No. Was it your child that sent the photo? He/She is the one who broke confidentiality, and it's out there now. I'm not sure GDPR is relevant here?

LIZS · 07/03/2022 14:25

Your child?

Fernandina · 07/03/2022 14:27

The other child should do as they are told.

MrsDeadpool · 07/03/2022 14:29

GDPR can’t be relevant here because the school hasn’t allowed someone else to see the email - you have! You breached your own confidentiality by allowing your child to take a photo of the email you had printed out.

Of course none of the legislation applies to individuals. If it did, though, you are the data controller in this scenario, so you would be liable for the breach and the fine.

FromageRay · 07/03/2022 14:32

GDPR doesn't come into it and seems as though the only information pertaining to you is an e-mail address. Have I misunderstood? Your child, the one you had written the e-mail about, has shared that e-mail with some friends?
How do you propose making them delete it? They could make a copy and then tell you they have deleted it surely.

Comefromaway · 07/03/2022 14:36

GDPR does not apply to private individuals.

You are the one who needs to be more careful where you leave printed copies lying around if you don't want your child to see it.

Original poster
welshmum3 · 07/03/2022 14:39

@MrsDeadpool

GDPR can’t be relevant here because the school hasn’t allowed someone else to see the email - you have! You breached your own confidentiality by allowing your child to take a photo of the email you had printed out.

Of course none of the legislation applies to individuals. If it did, though, you are the data controller in this scenario, so you would be liable for the breach and the fine.

I didn't "allow my child to photograph it". She did it without my knowledge. She has access to the file it was in because she is 16 and should know about things which concern her - why would I hide it?
OP posts:
Original poster
welshmum3 · 07/03/2022 14:40

@Comefromaway

GDPR does not apply to private individuals.

You are the one who needs to be more careful where you leave printed copies lying around if you don't want your child to see it.

I didn't leave it laying around. It was in a file which my child has access to because it is her information and I don't think I should hide things from her.
OP posts:
MrsDeadpool · 07/03/2022 14:42

So are you thinking that you should report your 16 year old daughter for a breach of GDPR - which applies to organisations and companies, not your family?

What are you actually asking?

You can be cross she’s shared something personal that you didn’t want shared, but the only recourse is to give her a bollocking, and try to appeal to the better nature of whoever now has a copy.

ShirleyPhallus · 07/03/2022 14:43

She did it without my knowledge. She has access to the file it was in because she is 16 and should know about things which concern her - why would I hide it?

You should hide it if you don’t want her to see it. You should speak to her about not photographing documents and sharing them if you don’t want to.

luckylavender · 07/03/2022 14:45

@welshmum3 - sounds like a data breach in your own home. So if you're the data controller you have to report yourself? And possibly consider that your daughter is not responsible enough to have access to such data.

Comefromaway · 07/03/2022 14:45

Well if you don't think you should hide things from her then your post is irrelevant. Either you trust her not to show info including your private email address to others or you don't. Once your dd sent that info to her friend then you both lost control of it.

altforvarmt · 07/03/2022 14:48

So your 16 year old DD saw an email containing her details, and you're happy for her to have access to this printed email, then she shared this email with her friend.

So what's the data breach? That your DD shared your email address? What do you think you should do? Report your DD to the ICO?

Original poster
welshmum3 · 07/03/2022 14:48

@Comefromaway

Well if you don't think you should hide things from her then your post is irrelevant. Either you trust her not to show info including your private email address to others or you don't. Once your dd sent that info to her friend then you both lost control of it.
Well, lesson learned. I trusted her when I shouldn't have. Now I just want to stop him having this hold over her and using it to intimidate and bully her - but it seems he can just do as he likes 🤷
OP posts:
FlibbertyGiblets · 07/03/2022 14:50
Confused
KrisAkabusi · 07/03/2022 14:50

You're saying it's your daughter's file, and she sent it on to a friend. This is completely on her. It's not a gdpr breach, and you can't say it's confidential if you're simultaneously saying it was sent to her on purpose by the person trusted with the file. Try appealing to their better nature. But even if they tell you they've deleted it, how will you know for sure?

LIZS · 07/03/2022 14:50

Is your dd aware of the consequences of sharing "her" information. Does she want him to delete it?

Comefromaway · 07/03/2022 14:50

What the OP wants is for the school somehow to FORCE the other child to delete the information. How on earth they expect the school to be able to do that is beyond me. They could insist it is removed from a school owned computer or school allocated email address but the other child is a private individual and the school have no jurisdiction over this.

Georgeskitchen · 07/03/2022 14:50

So it was your own daughter who breached her own privacy by sending her confidential file to another student. What was the reason she did this?

FlibbertyGiblets · 07/03/2022 14:53

I note this is a special school so the children involved may be vulnerable in that consequences may not be on their radar, and suchlike.

CombatBarbie · 07/03/2022 14:54

I don't understand, your daughter freely showed the other person a photo of said email and now he's using it to taunt/bully her? Why did she show him?

FlibbertyGiblets · 07/03/2022 14:54

School should be on top of the bullying.

Original poster
welshmum3 · 07/03/2022 14:54

@altforvarmt

So your 16 year old DD saw an email containing her details, and you're happy for her to have access to this printed email, then she shared this email with her friend.

So what's the data breach? That your DD shared your email address? What do you think you should do? Report your DD to the ICO?

I just wanted advice on if there was anything I could do to prevent him being able to use this against her to bulky her or cause her further anxiety. She's not at a special school for nothing.
OP posts:
givemushypeasachance · 07/03/2022 14:56

If you send some of your own information to a friend, would you imagine you could insist they delete it if you ask? You can request that they do, but you can't force them. Exchanging information between friends, as private individuals, is different from you insisting a company remove your phone number from a mailing list!

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