Is this GDPR breach

[Harass3d]

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.

unless the OP is quite correct and he really is useless and the school is a shambles......

I was a teacher, known some fabulous heads, but the odd one was a narcissistic nightmare and definitely unable to handle criticism....

The Head teacher located/obtained the personal data however had no permission (one lawful reason) to collect the OP's data, store the data nor use the data.

Once the Teacher obtaines the data it falls with in the Schools data policy. One of which would be to safely store the data and maintain the privacy of both the OP and the OP's son.

The Head created the security breach by sending out the letter.

@GlasgowGal82 he could write in his personal capacity explaining that he works as a headteacher and that she is attacking him personally.
I don't think this is inappropriate at all and no breach of GDPR- if she is an NHS health professional he could write to eg. Grampian or Highland HR department. There's no doubt that he is actually employed in the school and since she outed herself as a parent in the chat that's in the public domain. The child isn't identified here. He is writing to suggest that she may be breaking her work code of conduct, which is what the police may have advised because essentially they have no right to police what's said on a closed group, unless it's extremely offensive.

No, you can't, but not because you're a data processor under GDPR (unless you are doing it for a company but we are talking about you, personally acting as an individual), but because of other laws, like stalking or malicious communication.

Okay feel I need to clear some points up.

I am not "professional" enough for my employer (and exact department) to be found from a google search of my name. I don't have a linked in profile. I am not clinical nor am I registered with any governing bodies. I am not bind by any SSSC codes.

I have never had a complaint made to my employer about my SM use, never. I have never had a complaint raised about me in all my time there for any reason.

I rarely, use SM. This was actually very out of character for me. I have cooperated fully with my employer and offered to show them the entire post and not just the screenshot of my comment - which they viewed.

I cannot post the full details of why I have come to the conclusion about the HT/school but I have my reasons. I won't back down from this opinion and I absolutely would stand in a room full of people and tell them that this was my thoughts/opinion. I had raised my concerns through the correct channel with no resolution up until this point.

Why he has chosen to come at me, I honestly don't know. Possibly because they thought they could make an example out of me given my employer, who knows.

I am not seeking to "sue" him nor the school. I want him to redact the false claims he has made about me to my employer and that's it.

Well we do know this because the OP herself has said that neither she nor the person on whose post she was commenting named either the school or the headteacher and the OP also said she did not say in her comment that her child was a pupil at the unnamed school. So why are you still arguing this point?

That's shocking! I wonder who ss it to the head. I would definitely take it further

READ the OPs POSTS! It's easy to filter, either on the MN website or on the app. You will then see what the false claims were. Because they are false the OP will easily be able to prove them false.

Seems to me that he might actually be confusing her with someone else.....

Why did he say you’d be unemployable in education?

Me looking up someone's employer on linked in doesn't make me a data controller or processor

If you are accessing LinkedIn as an individual then you're covered by the personal/household activity exemption, so it's irrelevant.

If you're capturing data for your employer then it's your employer that will be a data controller, not a processor (because they're selecting the means/content/purpose etc of collection, not processing it on behalf of LinkedIn or another controller).

I wondered the same, if the head has confused OP with someone else.

I have never had a complaint made to my employer about my SM use, never. I have never had a complaint raised about me in all my time there for any reason

In that case I'm wondering what caused you to write "there are A LOT of false claims made against me which I need to address", @Harass3d?

Where did I say I was doing it as an individual? This thread is not about someone processing data as an individual. It’s about a headteacher acting in a professional capacity.

Sorry I meant within his complaint he has made alot of false allegations not that I have had several false allegations made about me to my work

I think it’s much more likely that HT was sent the screenshot, took OPs name from it, then searched FB - perhaps for the offending thread to see what else came up.

I bet OP has their work information on FB like so many do - and that’s where the HT got it from.

There’s no evidence they used any data from the school records to contact OP’s work.

You said "I can’t obtain people’s names and addresses from 192.com and do whatever I want with them."

Did you mean to say 'If I were a headteacher working in a professional capacity I can't....'?

I would recommend you get a subject data access request about you from the school. The ICO has a form you can use. That way you can see what he has been saying about you to teachers and to others, including the letter he sent to your employer. It's unlikely he made those claims about you without discussing it with some other person at the school. Then you can use that information to ensure he doesn't repeat the accusations and to report him to the LA.

Tell me you've not read the OPs posts without telling me 🙄🫠 I don't have and never have had my employer on FB or anywhere else online!!

Even though the OP had said explicitly upthread that she does not have her employer on social media profile and has never posted about her work?

This thread is completely doing my head in! So many people gaslighting the OP and posting completely shit about what the law is and isn’t and making up all kinds of things to frighten her which just aren’t true!

I also said that it depends on what “I” did with the information once I obtained it. “I” doesn’t necessarily mean that I was referring to using it in a personal capacity. And given that we are talking about a headteacher acting in a professional capacity, I think it is reasonable to assume that I was talking about acting in a professional capacity. I’m not sure what you are seeking to achieve by trying to catch me out?!

The head teacher is an arsehole. He's told your employer 'this woman who's kid goes to my school has put a message on her friends Facebook page saying she thinks I'm useless and the school sucks'.
The employers response would be 'well, I suggest you take that up with her.'
Or, more amusingly 'well, is it true?'
He's clearly made himself look an absolute fool.
You should ask him how he found out where you work. If what you say is true, that there's no evidence of it publicly, then he has breached by lifting it from school records.
The school could only ever contact the employer in an emergency to try and reach you, if your mobile wasn't working or getting answered. Not for any other purpose.

Problem being that the opening post clearly states that Head documented the OP has a child and that the child attends a particular school.

The employer may have up to that date have no data on the OP having a child.
The reason the Head knows about and can link her child to the post is via his professional capacity.

Perhaps he thought his professional character was being attacked.

How would I know why he has made this claim? Apparently based on this one comment from social media.

Because he thinks it, doesn’t mean it was

it is abundantly clear from postings on this thread that many people don’t have a clue what defamation actually is