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.

Are you as bad as your job in real life?

The Ht wrote to the OP’s employer and told them he was the HT of the school the OP’s child attended. That was the breach.

Your job (if you genuinely work in this area) is to protect the rights of the data subject - the child in this story not the HT.. To disclose that the child was a pupil at the school, you would need to do a DPIA. So what sfsfjutory ground would you rely upon here to make this disclosure? Hint, the fact that the HT had a beef with the close relative of the data subject is not a legitimate interest.

I can’t believe people on this thread don’t get that disclosing the school a child attends is a data breach and what’s more can’t see how disclosing the school a child attends without consent could put s child at risk from a violent controlling partner. The school has a duty to protect the child’s informatio.
I do not divulge my tesm’s information without their permission- every bloody time. I don’t just assume it’s ok, the info was given to me for a purpose if I want to use it for another purpose I need permission from the data subject, Regsrdless of how silly it all might seem.

Absolutely. The circumstances in which a headteacher can disclose a child attends their school are very limited and are all only when this is in the best interests of the child or they have parental consent. Petty vengeance against the parent is not one of the grounds!

The fact some posters claim to work in this area is jaw dropping. They have no idea of data protection law or safeguarding and are a real risk to the children at the schools they apparently work at. In an ideal world someone would write to their employers and tell them what they are posting on this social media site and have them removed from their posts or at a bare minimum subjected to basic training. Ironically if that were to happen it wouldn’t be a data protection breach as in that case there would be a legitimate interest in making that report as it’s the data subject who is doing something which needs to be addressed and not their parent!

You dont work in the area and/or have no idea of how data protection works do you?

The media comment became irrelevant the moment the HT decided to ignore his duties as HT.

The child is a data subject with personal data rights.
The OP is a data subject with personal data rights.

Both result in obligations to protect these rights for the school and the HT.

The HT was given the personal data of both for the reason of carrying out his role as HT.

If the HT is collecting extra data from Facebook/linkedin/NHS website for local trust/local knowledge he needs a reason for that and using personal data for whining to the OPs employer?

Please show where the HT gets to do that under the Data Protection Act.

The onus is not on the OP the onus is on the school to prove their employee has not used personal data from two data subjects and created a data breach.

But if what I am saying is not correct lay out the law (act and section) which allows the HT to disclose personal data two a third party with out the permission of the data subject.

My employer wasn't interested in any of it.... Because none of it was true.

If a person of considerable professional regard ie a headteacher writes to an employer making “lots” of “serious” allegations about a member of staff in a care giving role… then I’m surprised they’re being so lax.

How do you know OP is in a care giving role?

Health care 🤷‍♀️

I'm not in a care giving role, stated that quite clearly near the beginning of the post. Hence why I have no need to be registered with SSSC etc. as I also stated I am way way lower down the chain in my industry compared to HT position within theirs! Not sure why you think my work was "lax" on it either.

Do you understand how a complaint procedure works ? Normally what happens is a complaint/allegation is made. The complaint is looked into (investigated), the investigator(s) will reach a conclusion. Depending on the conclusion disciplinary action might happen. The person who complained is notified with an outcome.

So as I have said, repeatedly, there was absolutely nothing to suggest to my employer I had done anything wrong or brought them into disrepute therefore the complaint was not upheld.

2weeks….

I think this HT has shown themselves not to have much professional regard for their data subjects. Quite honestly a HT who gets this upset over a parents mild criticism- would be better to consider how to do their job better rather than being set of exacting revenge on anyone who dares to criticise them. The use of data here was a breach - it was not used for the purpose it was given. They stepped outside their lane, in a professional capacity.

do you have any support from anyone at the school OP? You don’t mention a single parent on board with your claims against the failure of the school and this HT beyond that FB months ago.

Let’s face it, if she did , she’d be accused of bullying and whipping up a mob and other nonsense. Plus , it’s not the right way to deal with things.

I wonder how this all played out but I doubt the OP will update. Although I suppose that does indicate that perhaps the OP’s complaint against the head wasn’t upheld

It’s less than 2 weeks since the OP last posted and we’v been in school holiday period so there is no reason other than to be snide to suggest that the OP complaint has not been upheld and that she is hiding this. Honestly, give the OP a break here. She’s been pretty frank and open in what she has posted - whether or not you agree with her position it isn’t fair to suggest she’s been mendacious or misleading.

I had a meeting arranged with the HT & employer for today which was cancelled on Monday and has not been rescheduled yet. I am hoping to hear by the end of this week. This was an early resolution arrangement.

They have agreed that disclosing my child's place of education to my employer was a breach and that data was not used correctly.

There was going to be a meeting between you, your employer and the Head teacher??!

I thought your employer had completely dismissed everything?

“They have agreed”…. The head teacher?

You said that the deadline for council response was 10th September… did the council stick to this?

Not my employer. A representative from the LA.

I was asked if I would consider a resolution meeting & I agreed. Which then pushes the final response date back

That seems a very peculiar idea. What resolution could there possibly be from a meeting? Is it an apology you want? What would the head get out of it?

I assume that they are hoping I will agree to shut the complaint?

The LA suggested it as a means of trying to repair the relationship with the school. As mentioned my child is ASN & that requires more interaction with school than the "average" parent.

So it’s a mediation meeting?

but you submitted a formal serious complaint against the head teacher. Mediation seems wholly inappropriate

You submitted a formal complaint and the LA has responded with the suggestion of a meeting to repair the relationship? So utterly ignoring your actual complaint surely?

Have you had this meeting? How did it go?