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.

Eh no....

Again as stated several times not the case.

It's this drip feed @Harass3d . If these other allegations are so minor why aren't you sharing them? I'm sure you realise that if your employer upholds or does not uphold a complaint it can be for a variety of reasons- evidence, time scales etc.
It might be good to know what they were. Because if they were @Harass3d keeps making allegations against me on Facebook groups then they would be unlikely to be able to uphold it without a screenshot.

And you’re not worried that might be next step?

given he’s contacted your employer about how concerned he is re in that role, presumably l he’s also concerned about your parenting

how long has your feud with him and the school been going on for?

@gingerly @Harass3d I agree it's always better to try and solve problems directly with the school but when communication from school is poor it becomes extremely frustrating. If OP had voiced these frustrations in the pub of supermarket to a friend and been overheard it would be no different. In fact it might be worse if OP had work.uniform or badge.
OP is entitled to her opinion and the HT is entitled to be angry. If he genuinely thought it was a professional issue he can contact her employer but the questions are still: how did he get that information and why did he say things that weren't true?

That would be professionally suicidal for him - even more than what he’s already done - and he would know this. So I seriously doubt that other in your paranoid imaginings it’s remotely likely.

For a start, he would be diverting resources from children who do meet safeguarding criteria, for a second his future reports would be met with scepticism and for a third it’s clearly professional misconduct to make a spiteful revenge report in response to a Facebook post with no previous paper trail of concerns and he’d be (rightly) sacked for gross misconduct if he did.

Is it just the HT you have such dire relations with op? Or the school generally?

^I don't see how he's breached GDPR at all **
If there's only one school in the area and all children go there what is the issue with your employers? It's obvious where your child goes and has no bearing on this.^

It doesn't matter how many schools in the area, that is immaterial

the HT has breeched GDPR

if you saw me walking into the doctors surgery, you might assume I was visiting the doctor

for the doctor to tell you I was at the surgery that morning when you saw me entering the front door - it would be a GDPR breech

@Spanglemum02 but the things he's said are true - she said he was a terrible HT and the school was a shambles, so he's reported it to the one health board in the area, and as he's the one HT it's obvious that her child attends the one school. No breach at all.
The other allegations were probably about social media too.OP says they were false but I have my doubts. Her employer won't uphold his complaint because he has no proof unless he sent screenshots so it's he said she said.
No one comes out of this well and OP absolutely has not put her child at the centre of this drama. If she was following complaint procedures this would have been escalated from the school to the LA or she could have called a planning meeting for her child.

But i what he’s already done is grossly inappropriate and infringing the law, as the OP and you believe, - then surely he has already shown himself to be unprofessional and willing to go to some lengths again the Op

i wonder how long this feud has been going on for and whether her son is also very unhappy

It's not drip feeding. I have taken advise on these other allegations. They are not upholding the complaint because I have not breached any policies or codes of conduct. I have complied fully with an investigation & it was myself who provided the entire content of the conversation to them. Had I done something wrong I would have accepted that and taken the consequences for my actions. Should he not also be held responsible for the consequences of his actions?

Goodness it sounds like your employer took this report very very seriously
the allegations must have been very serious

It's not the one health board in the area & then there's always the possibility I am a remote worker who could be employed by any of the various health boards who service Scotland?

Op how long been going on for?’ Just you and the HT or you hate the school generally?

and most importantly….. is your son happy there???!

@MikeRafone he hasn't breached GDPR.
He's sent a letter in a personal capacity to the OPs employer. That's the health board. He could have been told this by anyone in the street, or by a friend, or by his wife. He could have sent the letter from his personal laptop at home at midnight.
He is the HT of the one school and she publicly stated he was terrible.
He's allowed to say he's seen this and it refers to him.
He's not using any data improperly here, he's just responding to the OPs actions.

I've never claimed to hate the school? DC is mainly happy there.

"It's not the one health board in the area & then there's always the possibility I am a remote worker who could be employed by any of the various health boards who service Scotland?"

@Harass3d you're outing yourself a bit here so I'm going to ask for this thread to be deleted.

If the receptionist at the local surgery in her private capacity writes to your employer complaining about your non work related conduct and discloses that you have mental health issues, is that not a data breach then?

Please stop tying yourselves in knots trying to find a way to justify that this is OK because it isn’t!

You said the HT and school was total “shambles”

it indicates your dire relations extends further than just the HT

He wrote it in a personal capacity and has tried to use is position to influence my employer. The entire first paragraph is about him, his job title, his length of service.

He has also stated that I would now be unemployable by education services - pretty sure he doesn't have the authority to speak on on behalf of education services whilst complaining on a personal capacity.

This makes no sense, you're conflating reporting inappropriate social media use with releasing confidential information. If he'd done anything as serious as this her employer would have complained to the LA in turn. But he obviously hasn't and in fact they investigated her fully, so he must have had serious complaints.

So you you said the head teacher is useless and school is shambles in response to a post that hadnt even named the school?

all very but 🤷 one of those threads best to give up because we will never know even a fraction of the truth! Over and out

This is quite some way to treat a school where your son is mostly happy. You are so destructive. Pull him out and home educate if you have no appreciation of what he's getting.

No - you are the one conflating personal data with confidential data.

Once again, the Headteacher of a school cannot use the knowledge he has by reason of his role that a child attends his school, to make a complaint about that child’s parent in his personal capacity in which he discloses ANY personal information about the child. Whether or not that’s private, a secret, blindingly obvious. It’s still personal data and therefore protected by the law.

@gingerlybread I agree it would have been far better to go through the complaints procedure and that might be one of the courses of action to take now. I still think the HT needs to explain how he found out OP's employer, I don't know if it's a data breach or not. Also, if we take OP's word that he made false allegations about her to her employer, then at the very least he should apologise to her and her employer.