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Is this GDPR breach

652 replies

Harass3d · 01/02/2025 00:16

A complaint has been lodged with my employer about a comment I made on social media (not upheld!). This complaint has come from the head teacher at my son's school and he has identified himself as such (fine) but then goes on to identify me as a parent (which has no relevance to his complaint) am I right in thinking this is a breach of GDPR? It is no business of my employers where my son goes to school.

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maddening · 01/02/2025 00:30

What was the complaint? What was the comment? (Or the gist) and why was the teacher upset? Was there anything to do.with your employer in the situation that could warrant involving your employer? How did the teacher know who your employer is? (For example if they have used the school records for your dc and you to find your employer details make a vexatious complaint to the employer about something that did not even involve your employer then I think it would be)

Twonewcats · 01/02/2025 00:35

Why does the headteacher know what you're posting on social media? Whys it his business to contact your employer?

Thelnebriati · 01/02/2025 00:37

You usually have to complain to the organisation that made the data breach first, then if you are unhappy with their response you contact ICO.

But in your case the person you'd be complaining to is the person who made the breach, so contact ICO and ask their advice;

https://www.gov.uk/data-protection/make-a-complaint

Data protection

The Data Protection Act (DPA) controls how personal information can be used and your rights to ask for information about yourself

https://www.gov.uk/data-protection/make-a-complaint

Harass3d · 01/02/2025 00:37

maddening · 01/02/2025 00:30

What was the complaint? What was the comment? (Or the gist) and why was the teacher upset? Was there anything to do.with your employer in the situation that could warrant involving your employer? How did the teacher know who your employer is? (For example if they have used the school records for your dc and you to find your employer details make a vexatious complaint to the employer about something that did not even involve your employer then I think it would be)

I commented on a post on a friend's page (private post/private page) that i found the headteacher to be fairly useless and the school was a shambles. There are a lot of issues & ion general the parents are very unhappy with the school at present.

No idea how he knows where I work I don't have and never have had it online for the reason that they are strict on social media. It did cross my mind he had accessed my son's records for this info. It has absolutely nothing to do with my work, nor could it be in anyway misinterpreted as being said on behalf of my organisation. My work are not upholding it which is fine but I am not happy that it came in the first place and there are A LOT of false claims made against me which I need to address.

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Quinlan · 01/02/2025 00:38

I think we need more information just to see if the headteacher is an asshat or not!

What was he doing contacting your employer about something you posted online, and why is he even looking at what you post online?

Using his position as the head teacher to your child is out of order though and I would take that further.

Harass3d · 01/02/2025 00:39

It's been screenshot and sent to him would be my assumption.

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maddening · 01/02/2025 00:41

Twonewcats · 01/02/2025 00:35

Why does the headteacher know what you're posting on social media? Whys it his business to contact your employer?

An example I could think of would be " saw Mr Peters the headteacher of birch primary school in zoton business today God that man gives me the creeps what a perv:"

Perhaps then Mr Peters would have cause to complain.

But I highly doubt that this was the case.

maddening · 01/02/2025 00:43

Harass3d · 01/02/2025 00:37

I commented on a post on a friend's page (private post/private page) that i found the headteacher to be fairly useless and the school was a shambles. There are a lot of issues & ion general the parents are very unhappy with the school at present.

No idea how he knows where I work I don't have and never have had it online for the reason that they are strict on social media. It did cross my mind he had accessed my son's records for this info. It has absolutely nothing to do with my work, nor could it be in anyway misinterpreted as being said on behalf of my organisation. My work are not upholding it which is fine but I am not happy that it came in the first place and there are A LOT of false claims made against me which I need to address.

Well I would complain to ofsted then - perhaps as for a copy of your son's records to see if he has accessed them to do this

Harass3d · 01/02/2025 00:44

For clarity, I never named him and actually the post itself never even indicated what school they were ranting about.

Thanks all of to check with Ofsted

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maddening · 01/02/2025 00:45

maddening · 01/02/2025 00:41

An example I could think of would be " saw Mr Peters the headteacher of birch primary school in zoton business today God that man gives me the creeps what a perv:"

Perhaps then Mr Peters would have cause to complain.

But I highly doubt that this was the case.

Or has the school name / fb been tagged in any of the posts (not necessarily yours)

Harass3d · 01/02/2025 00:49

No it wasn't.

However regardless of the school being identified my main concern is him identifying me as a parent - which was not relevant - surely breaches GDPR?

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maddening · 01/02/2025 00:56

I think his using school records to contact your employer about an issue not even related to your employer is more of a breach -.possibly saying where your son goes to school also but as data controllers he has misused those records potentially imo.

Just to be clear - I was just responding to the :how he found the post" comments - I am not sure that that is relevant- like you say if there are no names or tags to him or the school in the post or any comments it is likely a screen shot sent to him.

Harass3d · 01/02/2025 00:59

Having just checked back it was a private post that couldn't be shared so yes a screenshot must have worked his way back. Interesting, as there was 110 comments at one point wonder if he contacted everyone's employer. I don't know if I could prove he had accessed his records. Would I just ask the school for a copy of who had accessed them?

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PennyApril54 · 01/02/2025 01:05

So he looked at the child's record to find out who your employer is and then contacted them to tell on you for having an opinion about the school even though it has nothing to do with your employer nor did it involve them in any way? Like you're a little kid and they are grassing on you?
That's terrible. I think with GDPR info can only be used for it's intended purpose so I think this is a breach or at the very least bad practice and id report.

AnSolas · 01/02/2025 01:07

Harass3d · 01/02/2025 00:37

I commented on a post on a friend's page (private post/private page) that i found the headteacher to be fairly useless and the school was a shambles. There are a lot of issues & ion general the parents are very unhappy with the school at present.

No idea how he knows where I work I don't have and never have had it online for the reason that they are strict on social media. It did cross my mind he had accessed my son's records for this info. It has absolutely nothing to do with my work, nor could it be in anyway misinterpreted as being said on behalf of my organisation. My work are not upholding it which is fine but I am not happy that it came in the first place and there are A LOT of false claims made against me which I need to address.

As he made the complaint as the "Head Teacher" IMO he has a problem. As the assumption is that he used the data he has access to as Head to match your post -> to your son and -> the data you provided to manage your son in school.
I would check the data policy to see if you had "accidently" given the school wide scope and/or permission to use your data in this way. I would not expect a policy to allow the school to complain to your employer.

The school has a problem if it has independantly disclosed your sons personal data to your employer. If your original post included your sons data and the post was included plus he only referenced this would come down to the wording.

It is still his problem If he did not get your work data from the school records as he the school collected extra data without your permission and used it without your permission in a way that is unlikely to be covered by the schools policy.
By IDing as the Head he is writing from and on behalf of the school so he can't claim that he was acting in a personal (domestic ) capacity.

You could make a subject access request via the board of management to see if it was an official/ BOM approved action by the Head. And what they have on file
And once you get a reply then get them to work through the content of the letter your employer received.
Needless to say you need to give your friend the heads up too as she and her child(?) may be pulled into the mix too.

PennyApril54 · 01/02/2025 01:09

Harass3d · 01/02/2025 00:49

No it wasn't.

However regardless of the school being identified my main concern is him identifying me as a parent - which was not relevant - surely breaches GDPR?

I don't think this is the angle of your complaint . It's more that he used info you had provided about yourself in a way you hadn't agreed to e.g. to be contacted about your child's education, school closure etc = yes, to be the online behavior police , find out who your employer is and speak to them to get you in trouble = no.

rrrrrreatt · 01/02/2025 01:09

I’d do a subject access request. Contacted your employer is deranged but, if they’ll do that, I wouldn’t be surprised if they were sloppy and wrote stuff down too!

MrsJHernandez · 01/02/2025 01:11

It sounds like the HT took your comment personally, and went completely overboard and took it too far. It's unhinged behaviour. No wonder the school is suffering!

Can you complain to Ofsted? Because if you can, I definitely would.

Harass3d · 01/02/2025 01:19

Guys just to clarify I don't know if he got my employer details from my son's records. But the options are he either discussed me with others to obtain the info or he has got it from the school records.

He did not disclose my child's name or any other details.

His opening paragraph on his complaint letter stayed his name, his job title, the school he works and length of service. He then goes on to identify me as a parent there thus letting my employer know where my child is educated.
It's a shit show but I'm so glad to have so many others saying it's inappropriate I have been ill over this.

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Harass3d · 01/02/2025 01:20

My biggest complaint about his complaint is the blatant lies he has told about me! I just wanted to check on the GDPR thing as I don't think that's right either.

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PennyApril54 · 01/02/2025 01:26

It sounds so upsetting. He is definitely wrong. Try to get some sleep and revisit the situation tomorrow.

AcquadiP · 01/02/2025 01:29

By identifying the school he works at he has disclosed to your employer which school your son attends. I would say that is a breach of GDPR.
He's also an arse for contacting your employer. What did he expect them to do when you've done nothing which would warrant disciplinary action?😂

Harass3d · 01/02/2025 01:31

PennyApril54 · 01/02/2025 01:26

It sounds so upsetting. He is definitely wrong. Try to get some sleep and revisit the situation tomorrow.

I haven't slept properly for over a week over this.

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Harass3d · 01/02/2025 01:32

AcquadiP · 01/02/2025 01:29

By identifying the school he works at he has disclosed to your employer which school your son attends. I would say that is a breach of GDPR.
He's also an arse for contacting your employer. What did he expect them to do when you've done nothing which would warrant disciplinary action?😂

He assumed that as I work in health care I am not entitled to an opinion

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Ophy83 · 01/02/2025 01:32

Report to ICO and board of governors

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