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.

Checked ICO have to complain to school first. Don't think we have board of governors in Scotland, might be the LA I need to complain to.

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.

What on earth did he hope to achieve by making a complaint to your employer other than maliciously causing you grief. He is the person whose behaviour warrants a complaint, please do it.

Is it possible that the head teacher thinks you used your professional capacity as leverage when you made the comments on SM? For example, if you said "in my professional opinion" and then go on to make allegations about them.

Something is missing from this story.

If a headteacher responds like that simply to a comment about their school then they’re not fit to run a school. I’m wondering if the comments you made were perhaps more toxic and you don’t want people here to know about them because it may change their responses.

It is totally unprofessional and a bit extreme to report someone to their work for a relatively innocent online comment/criticism but I have seen it done when the comment brings the commenters company or profession into disrepute. Saying the school’s a shambles would not be considered bringing the company into disrepute and the head will have heard worse from parents during their tenure. It an extreme response. Unhinged if that’s all that triggered it but im guessing theres more youre not sharing

I don’t care to know what you’ve really said about the head but if it is as simple as you claim he has overstepped. GDPR isn’t really relevant here but if they have written a letter of lies to your employer then defamation sounds more relevant. This is where it gets odd as it would be more than their job is worth to defame a parent purely for saying the school was a shambles.

Ofsted won't be interested unless you've been through the complaints process at the school.

As the complaint wasn't upheld I'd just let this go. Take it as a lesson that social media is never private and anything you post can come back and bite you.

This is not a GDPR breach. Only certain information is protected by GDPR. Where your son goes to school is not something that is protected.

Yes this, also why do some on mumsnet insist on suggesting 'complain to Ofsted'. This is not something that would be of any interest to them and is not at all what they do.

well I suppose you identified his job and where he worked first in your comments. What’s good for the goose and all that….

I’m guessing he thought the same thing.

It's a data breach if they accessed your sons records to find your employer in order to make their complaint.

Maybe it will make you more careful on social media

@Agix The ICO makes it quite clear that any personal data can be covered if it identifies someone directly or indirectly.

OP in this instance I would focus on the fact that the head teacher doesn’t have a legitimate basis to share your child’s data with this third party (your employer).

But assumably the school was identified on the thread you posted on? It doesn't sound like a breach to me TBH but there is a toolkit on the ICO website you can check.
TBH if you work in health care there are pretty strict SoMe regulations and it's foolish to post stuff like that IME.
You are now started to sound as deranged as he is. I would just let it go and give on personally. The world has gone quite mad at taking offense and making someone pay. He wasn't as adult hut why don't you try and be one.

What sort of workplace is yours? If you work in another school that could explain why he's contacted them.

Not sure it would be anything to do with GDPR to be honest. Doesn’t seem like a protected element.

Your last sentence is interesting though. Perhaps the HT felt the same way about his character and professionalism being challenged and criticised and has had enough?

If this is the approach a Head teacher takes about a parent, can you imagine the Whatsapp groups and the playground conversations about this.?

I think this is more about him potentially using school records to identify your employer in order to make a complaint. Unless you have worned your ID badge when dropping off, have it posted online where you worked or have mentioned this in passing to someone, then he has possibly used information you have given to school e.g. emergency contact details, to identify who you work for. This would be IMO a serious breach. However, he would most likely say you have worned your ID badge / mentioned it in passing and it would be difficult to prove otherwise unless their IT system logs who accesses individual records.

Have you ever actually given your employer's details to the school? I don't recall ever being asked to give that information to my children's schools. Could it simply be that your son has mentioned that you work at X hospital?

The school is likely to have a complaints policy, probably published on its website. Get hold of a copy and follow that. I believe that in Scotland they have a system of Parent Councils for schools rather than governors. I think it's incredibly unlikely that Ofsted will do anything.

I am entitled to my personal opinion about the school that educates my child, regardless of my employer.

Perhaps, in future, you'll take a bit more care over what you post on social media. Once it's out there, there's no going back.

Ah, you're entitled.

No playground chats or what app groups. This is a secondary school & I've always loathed school mum brigade 🙂

Hi @Harass3d if you are in Scotland then it's not OFSTED or a Board of Governors.
Complaints will initially work at a LA level. The Education Dept will have a hierarchical managerial structure of Service managers . Different LAs have different titles for them unfortunately, just to be confusing. Phone and ask who is Service Manager or equivalent for Primary Education / this Catchment Area.
However at the top should be your standard Director of Education. If you complain here it should be passed by them to the relevant Staff .
I would definitely think this is a breach. It's also sounding malicious and vengeful.
If you feel you don't get a response the you can complain to HMI / Education Scotland . Complaints sometimes trigger an Inspection of the school.
I'd pursue.
However, I would be uncomfortable with my child in this school if they are still there. While you would hope for professionalism, they sound vengeful by nature.
Good luck .

Well exactly....the more to this is he has alleged I'm his complaint "apparently this is not the first time your staff member has had complaints made about her social media usage" & then goes onto say I would be "unemployable in the future by education services". I can assure you I have never had any complaints raised against me in 15 years of service & who is giving him the authority to say this?! I don't think I'm deranged for being pissed that he has made untrue claims to my employer.

I do appreciate everyone's feedback & thoughts on both sides. I've I was reading this I would be sceptical to but there isn't anything more to the comment I made. It was as simple as stating I felt the head was useless and the school is a shambles.

Sorry, just noticed your info as Secondary.
Same structure should apply. Less impact on your child as less contact.