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.

Perhaps he did.

I am okay that he raised this with my employer, he feels I stepped out of line - fine. What's not okay is to include false accusations and try pass them off as "facts".

GDPR doesn't just apply to huge companies though. It applies to small businesses, sole traders, charities, schools. Schools like the headteacher works in, which he used a way of introducing himself in the offending correspondence.

Under data protection laws OP is free to talk about her child and which child they attend on social media because she's a private individual, not a data processor and so not covered by GDPR. Just because she's shared that information publicly doesn't mean that the HT who has access to that information through his work can share that information with her employer too (because he is a data processor and is covered by GDPR). A useful analogy is that if I am suffering depression I could post on my Facebook page telling all of my contacts that, but that doesn't mean that my GP can then speak to other people about that, because I've already put that information in the public domain. Much of the debate is coming down to those who understand the finer points of how GDPR works probably because they have to apply it to complex situations in their working lives on a regular basis, and those who do not.

The fact that he has identified himself as HT suggests that he may have used data that he has access to in the course of his work in forming and delivering that letter of complaint. That is where the potential breach is, and that is what OP should ask his employer to investigate.

He was using his professional position to suggest that OP's employer should consider sacking her, or at least start disciplinary proceedings.

If @Harass3d does decide to make a formal complaint, let’s hope that the DPO at her local LEA is better trained and more knowledgeable than some of the posters on this thread including the teachers who’ve posted defending the Head’s actions!

Someone must've fed him the line that you'd been reprimanded before by your employer about your SM – have you thought about who might've sent him the screenshot in the first place?

Is your employer visible on your social media? Linked in ? Has he definitely looked up who you are employed by using school records?

OP - this thread is doing my head in so this is my last post! You've had some decent advice about data protection on this thread, but also some absolute nonsense. If you are having trouble blocking out the white noise and are taking legal advice about other elements of your complaint I'd suggest asking if they can advise on data protection too because there are grounds to at least as the local authority to investigate. Most law firms will have someone familiar with this area of the law. The HT sounds like a bully who was trying to make an example of you by using his professional position to attempt to get you put out of a job. Take care of yourself and all the best.

For the love of god read my posts. This question has been asked and answered several times.

I'm not interested in that. It could be anyone really couldn't it. It could be someone has confused me with someone else who perhaps has had several complaints about SM usage and he has used that as verbatim with no proof?

Thank you for your input. Your thoughts surrounding him being a bully and using his profession as leverage is exactly how I feel about it. Must be a Glasgow gal thing 😉

@Harass3d I’ve just PM’d you with the name of someone based and qualified in Scotland who could give you some RL advice.

Thank you.

He sounds like an idiot.

@Harass3d It is bizarre how often the term "GDPR" is misused and how little public understanding there is.

but then goes on to identify me as a parent (which has no relevance to his complaint)

Clearly it is relevant, because you moaned about the head teacher on social media, and your relationship to the head teacher is through your son, who attends the head teacher's school.

So to provide context to the complaint, it would have been necessary for the head teacher to explain that you are a parent of one of the school pupils. How does any of this constitute a misuse of data?

I think that sounds very sensible advice from @FlowerUser and doesn’t preclude OP taking further action once you have some facts.

@Harass3d you have been immeasurably patient on this thread. You’ve had some really good advice from the likes of @Katrinawaves @GlasgowGal82 and a few others … and some completely batshit responses from some posters too. I hope you find a good way forward and find a resolution. And good on you for not just taking it lying down.

The OP came to learn so read the other posters replies.
have you tried reading the individual posts?

Why it is likely a misuse of data has been very clearly explained in detail by some posters who work in the area.

That’s probably how he felt when he saw your post about him!

My first thought was that this sounded like a thin skinned HT who was coping poorly, behaving unprofessionally and showing poor judgement. However, I'm wondering OP if he has been a client/patient of the service you work for and complained to your employer about being attacked on social media by one of the employees of a service he is receiving care from? You say you 'have had interaction with him professionally' in healthcare but have not worked with the school, so it sounds as if this could be the case. Do you have access to sensitive information about him (eg, mental health, sexual health)?

If this is the case, then his behaviour is still questionable, but more understandable. As far as I am aware, revealing that your son attends his school is a GDPR breach but a more minor one as it is personal information but does not fall within the schedule 2 category of more sensitive information.

If your main goals are for him to apologize, to retract false claims and for this to have as little impact on your relationship with your DC's school as possible, with no alternative schools nearby, could you consider asking to meet with the HT as your next step? You could apologise for airing your frustration semi-publicly, reassure him about your professional ethics, but fully explain your frustrations about your DC's schooling and robustly express your concern about the GDPR breach and the false claims, asking him to correct falsehoods with your employer. Of course this discussion may not be welcome to him and then you could consider escalation. If so, I would double check any potential impact of escalation and conflict of interest with your own workplace beforehand. Dual relationships are tricky.

I think you have read that completely the wrong way around!

OP said he has had zero interaction with me professionally, I however have had interaction with him professionally.

i.e. head teacher has not interacted with her in her professional (health related) role. OP (as a parent) has interacted with HT in his (education) professional role.

My first thought was that this sounded like a thin skinned HT who was coping poorly, behaving unprofessionally and showing poor judgement. However, I'm wondering OP if he has been a client/patient of the service you work for and complained to your employer about being attacked on social media by one of the employees of a service he is receiving care from? You say you 'have had interaction with him professionally' in healthcare but have not worked with the school, so it sounds as if this could be the case. Do you have access to sensitive information about him (eg, mental health, sexual health)?

Very good point.

Exactly. Next week you or your supporters will be complaining about their child having no teacher. You posted your opinion on a social media site? Grow the fuck up!

What ‘false allegations’ has he made? Would everyone agree that they are false?

Ask any teacher why teaching is such a toxic profession or why children are so badly behaved and many will say its parents like you!

You've basically humiliated and pissed off a man! And SOME of them take this very, very personally so he's trying to destroy you professionally rather than contacting you to find how how you feel and discover how they are failing as a school. He should be approaching this with the curiosity and desire to support you and your son, you'd think he would want to move forwards and improve the situation.

I can't believe he went to your employer, it's absolutely bonkers. I would approach the school governors, LA and Ofsted about it.

Sorry you have picked that up incorrectly. He has had no interactions with me within my profession. He is not a client/service user as far as I'm aware. I wouldn't ever have had any reason to access sensitive information about him. All our systems have an electronic footprint. You have to have good reason to access these type of records. It has never been queried that I would access information that I had no right to, why would I reassure him that I haven't done this to him?!

I had had interaction with him in his professional capacity as a parent hence how I have come to my opinion.