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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.

OP posts:
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AnSolas · 01/02/2025 10:43

Catza · 01/02/2025 09:30

Another assumption. We don't know if it was the school who contacted the employer or the head of the school as a private individual. When I look up a number of customer service for my bank, I am not required to demonstrate how and why I collected data.

Well you may assume what you wish.
I read the opening post which stated :
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 complain

So the Head cant be the Head Teacher and try to roll back and claim he was communicating as a private individual when making a statement about a student's family member.

Or to use your example your bank Manager cant lodge a complaint with your employer about you as a customer and at the same time claim its not related to your bank or their role of Bank Manager.

noblegiraffe · 01/02/2025 10:44

Boohoo76 · 01/02/2025 10:37

No, I think it would be more likely that they would Google the number and identify the place of employment that way. No need to make any calls! You were the one that suggested that they wound speak to reception etc. Or they could have just Googled the parent’s name and found their place of employment that way. BUT it doesn’t matter how they got it. The headteacher has still used personal data without a lawful ground.

And stop defending the headteacher. Some teachers are unprofessional and behave in a way they should not. It’s the same in any profession.

Googling someone and finding out where they work from publicly available data isn’t unlawfully using personal data?

I’m not defending what the head did, I’m saying you asserting that the head accessed the school database in order to find out details of the parent’s employment isn’t necessarily what happened and doesn’t seem particularly likely.

DowntonNabby · 01/02/2025 10:44

And stop defending the headteacher. Some teachers are unprofessional and behave in a way they should not. It’s the same in any profession.

Or you could stop defending OP who clearly isn't telling the full story. Lots of parents behave awfully towards their kids' teachers because they think they're entitled to, like they work directly for them.

ThatsNotMyTeen · 01/02/2025 10:45

DowntonNabby · 01/02/2025 10:14

If my memory serves me correctly (I did some legal training for my job decades ago) with libel the onus is on the defendant to prove that the statement they made is true. So OP would have to produce concrete evidence to back up her opinion that the headteacher is indeed useless. If she can, she could use a fair comment defence.

None of that gets round the fact that saying someone is useless is not defamatory and that it’s going to be nothing but a massive waste of time, effort and money for the head to pursue it

HotCrossBunplease · 01/02/2025 10:47

Harass3d · 01/02/2025 08:57

I have never worked in the school, for the school or in education services.

So why did his complaint to your employer say you would be unemployable in the future in education services?

He sounds unhinged.

DowntonNabby · 01/02/2025 10:49

ThatsNotMyTeen · 01/02/2025 10:45

None of that gets round the fact that saying someone is useless is not defamatory and that it’s going to be nothing but a massive waste of time, effort and money for the head to pursue it

You honestly think that "useless" is the extent of what OP said? No chance. A HT would not risk the blowback of writing such an inflammatory letter to a parent's employer just because someone called them useless. The comment must've been far worse for him to escalate but OP has noticeably dodged questions asking her to elaborate…

Puzzledandpissedoff · 01/02/2025 10:50

Harass3d · 01/02/2025 01:32

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

You're always entitled to an opinion, but there are ways of puttting it and some of this could depend on whether you typed what you said - that you found the school to be "fairly useless and a shambles", or that it is

I can't comment on the GDPR on the basis of supposition (maybe your DC simply said where you worked rather than the HT accessing the records?) but it's a bit concerning that you said "there are A LOT of false claims made against me which I need to address"
This seems unusual, and when everyone's calmed down it's something I'd want to consider in order to find where the real problems are coming from

Katrinawaves · 01/02/2025 10:53

🙄

For the third time of explaining:

  1. he has published malicious falsehoods to the OP’s employer which is a civil tort and to which he has no defence
  2. He has breached the OP’s child’s data privacy rights by writing to the OP’s employer to tell them that the child is a pupil at his school to which he has no defence in law. Wanting to avenge himself on the OP is not a “legitimate interest” nor has the OP on the child’s behalf consented to this.
WonderingWanda · 01/02/2025 10:56

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

I don't think ofsted deal with gdpr. You might have more luck with the governors and then the LA if it's not an academy.

Puzzledandpissedoff · 01/02/2025 10:57

I am so grateful for the support I have received from my work but it still soul destroying to read such an attack on my character and professionalism.

Do you think that the HT might perhaps have felt the same, reading this on a post which had 100 commmeents (which doesn't sound like a "private thread" to me?)

Springyforever · 01/02/2025 10:57

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Springyforever · 01/02/2025 10:58

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rainbowstardrops · 01/02/2025 10:58

So someone slipped him a screenshot and he's so outraged by it, that instead of speaking to you personally, he's gone behind your back and snitched to your employer with lies about you? Fuck that!
Oh and I'd hazard a guess that whoever your 'frenemy' is, passed your work details on to him also.
What on earth is he thinking?!

ThatsNotMyTeen · 01/02/2025 10:58

DowntonNabby · 01/02/2025 10:49

You honestly think that "useless" is the extent of what OP said? No chance. A HT would not risk the blowback of writing such an inflammatory letter to a parent's employer just because someone called them useless. The comment must've been far worse for him to escalate but OP has noticeably dodged questions asking her to elaborate…

All I have to go on, is what you do, which is what OP said she wrote. You’ve clearly resorted to making stuff up, rather than admit you’re incorrect. To sue successfully for defamation a statement has to be more than just false, it also has to be defamatory.

LittleBearPad · 01/02/2025 11:00

Katrinawaves · 01/02/2025 10:53

🙄

For the third time of explaining:

  1. he has published malicious falsehoods to the OP’s employer which is a civil tort and to which he has no defence
  2. He has breached the OP’s child’s data privacy rights by writing to the OP’s employer to tell them that the child is a pupil at his school to which he has no defence in law. Wanting to avenge himself on the OP is not a “legitimate interest” nor has the OP on the child’s behalf consented to this.

What falsehoods? The OP wrote what she wrote on social media which was foolish.

The child’s attendance at the school is irrelevant to his raising the issue with OP’s employer. OP’s behaviour is being raised because of her role. Not because she’s a parent at the school.

And there’s far more to this than OP is letting on.

Boohoo76 · 01/02/2025 11:01

noblegiraffe · 01/02/2025 10:44

Googling someone and finding out where they work from publicly available data isn’t unlawfully using personal data?

I’m not defending what the head did, I’m saying you asserting that the head accessed the school database in order to find out details of the parent’s employment isn’t necessarily what happened and doesn’t seem particularly likely.

My name and work email address is publicly available but that doesn't mean that all uses of it are lawful. There must be a lawful basis for using it - there are six lawful bases set out in the GDPR. If a teacher used it to contact me in an emergency situation involving my child, that would be a lawful use. If a teacher used it to contact me to obtain my professional services, that would be a lawful use. I cannot see that complaining about me to my employer is a lawful use (unless they were complaining about the services I had provided).

So whilst you can find out lots of personal information about people, that doesn't mean that you can do whatever you want with it.

I didn't say that using the school's database was the only way they could have found it, but it is definitely one of the ways. The point is that it doesn't matter how they got it, they can't do whatever they want with it. That's the whole point of data protection laws.

Katrinawaves · 01/02/2025 11:01

Gwenhwyfar · 01/02/2025 10:11

Then the same would go for an email because it can also be forwarded?
For it to be libel, would the HT have to prove he is not useless or would she have to prove he is? All too subjective isn't it?

Neither as this is an opinion stated by the OP not a fact.

The headteacher would have to prove he suffered serious harm from the comment for this even to get off the ground as a claim. If he established that (which he can’t as he needs to show a financial loss) then the OP’s defence would be that this was her honest opinion. It doesn’t actually matter whether the opinion is justified or not or if multiple parents think he’s the best headteacher in the world provided the OP honestly believes he’s hopeless he has no claim.

if she had stated that he was a thief or a member of a religious cult or something similar, that would be a statement of fact not opinion and then she would have to prove it was true but that’s not what’s happened here.

Oioisavaloy27 · 01/02/2025 11:02

DowntoNabby has hit the nail on the head, I think there is a lot more to this story than we are being told.

Harass3d · 01/02/2025 11:02

gingerlybread · 01/02/2025 09:45

@Harass3d I'd also say that there is so much hypocrisy in your post. The HT is sending your employer a letter in his personal capacity but you are accusing him of breaching (school ) GDPR.

He doesn't need to have taken any information from the school to know which health board you work for.

He possibly should have met with you beforehand to discuss but perhaps he didn't want to muddy the waters and make it professional.

You are lucky he didn't report you anonymously to the SSSC or another professional body.

I am not registered with SSSC

OP posts:
Springyforever · 01/02/2025 11:03

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Springyforever · 01/02/2025 11:03

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Praying4Peace · 01/02/2025 11:06

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.

Wow!
School has every right to be upset 😔

DeathNote11 · 01/02/2025 11:07

Harass3d · 01/02/2025 01:32

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

Possibly. But I'd care to bet he wouldn't have done the same to a man, no matter what field of work they were in. You're dealing with a classic entitled male. You're right to be furious, take this as high as it'll go.

DowntonNabby · 01/02/2025 11:10

ThatsNotMyTeen · 01/02/2025 10:58

All I have to go on, is what you do, which is what OP said she wrote. You’ve clearly resorted to making stuff up, rather than admit you’re incorrect. To sue successfully for defamation a statement has to be more than just false, it also has to be defamatory.

I haven't made anything up. Like other PP I've just speculated on what could have prompted the HT to take such an extreme step. It suggests he thinks the comment WAS false and defamatory.

Oioisavaloy27 · 01/02/2025 11:11

DowntonNabby · 01/02/2025 11:10

I haven't made anything up. Like other PP I've just speculated on what could have prompted the HT to take such an extreme step. It suggests he thinks the comment WAS false and defamatory.

He is not going to risk his job for no reason.