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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
FlibbertyGiblets · 07/03/2022 14:58

@CombatBarbie

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?
Barbie the children attend a residential special school. I think one could intuit from this that the pupils may have a difference in understanding than what would be expected for the ages?
Comefromaway · 07/03/2022 14:59

The school should deal with any bullying that occurs but they cannot force a child to delete anything from personal computers/email.

Quitelikeit · 07/03/2022 14:59

I would ask the school to inform his parents. Or ask him outright yourself.

You really ought to have made it clear what was happening in your original post.

givemushypeasachance · 07/03/2022 15:00

If you want a bit more official confirmation, see Article 2: gdpr-info.eu/art-2-gdpr/

"This Regulation does not apply to the processing of personal data... by a natural person in the course of a purely personal or household activity;"

Individuals exchanging personal data for personal reasons, not subject to GDPR compliance.

welshmum3 · 07/03/2022 15:03

@CombatBarbie

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?
I can't fathom her showing him either. She used to be in a relationship with him. Now she isn't. It contains some personal details about her mental health / child protection issues. Why else would he want to hang onto it if not to use it against her - even showing other people- isn't that a form of bullying?
OP posts:
nearlyspringyay · 07/03/2022 15:04

This is nothing to do with GDPR.

welshmum3 · 07/03/2022 15:05

@Comefromaway

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.
It's just that it's a residential school. Ideally I'd ask his parents to speak to him, but day to day care is via the residential and school staff.
OP posts:
Neenawneenaw76 · 07/03/2022 15:07

@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.

The legislation does apply to individuals.
GandTfortea · 07/03/2022 15:10

Ask for a meeting with the school and the boys parents,get the school on side ,so they can speak to parents with you

CombatBarbie · 07/03/2022 15:13

I think you and DD are going to have to learn a very valuable albeit harsh lesson here. Don't give out what you don't want others to know. She has breached her own confidentiality.

LIZS · 07/03/2022 15:17

Definitely a discussion about boundaries, oversharing and thinking twice before replying. What was her intent in sending it and is she aware it may have consequences?

Hawkins001 · 07/03/2022 15:23

He could be potentially using or saving the information it for nefarious purposes.

LagganBubble · 07/03/2022 15:25

I would speak to the pastoral team at the school and ask their advice. If both pupils are residential they will be able to talk to your DD about the potential consequences of over sharing. If there's any coercion or bullying within their relationship the residential team should be well aware of this, and should have strategies to deal with it.

welshmum3 · 07/03/2022 15:26

No worries. I clearly have no idea about data / photos / emails etc.
I just didn't want this boy to have this hold over her. But it seems he can do as he likes with her information.
Lesson learned.

OP posts:
LIZS · 07/03/2022 15:37

He can't exactly do as he pleases. Sharing it, on social media etc may not be permissible without her consent. Is he the same age? Would the school do some training on boundaries, IT, sharing personal information etc perhaps. Do the students have unrestricted access to tech and internet?

Sally872 · 07/03/2022 15:39

Yanbu to want it deleted, it is not a gdpr issue though. As the school didn't give the other child access to your information your child did.

Really frustrating he has the audacity to say no though. Presumably if the school could force him to they would have though. Is your dd bothered? Good learning opportunity about not sending on things I suppose. Hope she isn't too upset about it.

girlmom21 · 07/03/2022 15:45

Presumably his parents can still contact him if he has a phone so if the school can't get him to delete it it's worth getting his parents to try.

BlueGreyApple · 07/03/2022 15:52

Ask the School to deal with it as a bullying issue - GDPR etc is not relevant.

Alwayscheerful · 07/03/2022 17:08

@welshmum3

No worries. I clearly have no idea about data / photos / emails etc. I just didn't want this boy to have this hold over her. But it seems he can do as he likes with her information. Lesson learned.
If this boy has special needs or is of limited intelligence he might not understand that blackmail is a criminal offence . Have a quiet word with the staff .
PonyPatter44 · 07/03/2022 17:16

He can't just "do what he likes" with the information he has acquired. Yes, your DD made the error of sharing the photo with him, but that doesn't mean he can do anything with it. I would tell the school that if there is a sniff of bullying or sharing DDs info on social media, you'll raise hell, maybe even go to the police if necessary.

Your DD may be legally old enough to access her own information, but it might be worth reconsidering whether she has the level of understanding to keep herself safe.

welshmum3 · 07/03/2022 17:18

He does know what he's doing. There have been issues around his control over her which were of concern when they were in a relationship. The school even raised a safeguarding concern over it.

OP posts:
MoiraNotRuby · 07/03/2022 21:00

You can't tackle this using GDPR, but you can tackle it using anti bullying policy from the school. I hope your daughter is ok in the end, it sounds very stressful for her (and you). Flowers

Jonny1265 · 07/03/2022 21:26

There is nothing you can do other than ask nicely. No crime has been committed and no breach of organisational policy.

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