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AIBU?

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Is this GDPR breach

652 replies

Harass3d · 01/02/2025 00:16

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.

OP posts:
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gingerlybread · 01/02/2025 09:28

@thepariscrimefiles I think the main takeaway from this is that people really have no idea how much schools and HTs know about ALL of their pupils, at a very detailed level. Children are in a school for 6-7 years. Teachers know them very well, and HTs regularly scrutinise records and spreadsheets containing information including their family background.

DowntonNabby · 01/02/2025 09:30

AnSolas · 01/02/2025 09:26

So the school have 2 data items about the OP ( a post which is attributed to the OP and a record of her employer ) on file sent in by that person.
And can answer the where when and why they hold the data.

The letter to the third party, the OP's employer, is the school taking the data on file and using it.

You actually think a screenshot and a note from another parent (presuming it was another parent or a friend of the head on the FB post who dobbed her in) would be entered into her son's school record?

Doloresparton · 01/02/2025 09:30

@Harass3d change your name on sm to something non identifiable.

The head is obviously oversensitive.
People who know they're doing a good job wouldn't worry about your comment, in his case it's obviously touched a nerve.

Harass3d · 01/02/2025 09:30

DowntonNabby · 01/02/2025 08:56

Do you work with children yourself?

No

OP posts:
Catza · 01/02/2025 09:30

AnSolas · 01/02/2025 08:56

The letter sent to the OP's employer is proof positive that the school have collected and stored details of her employment.

Its up to the school to keep a record of when, where and why this personal data was collected and what permissions were attached.

Another assumption. We don't know if it was the school who contacted the employer or the head of the school as a private individual. When I look up a number of customer service for my bank, I am not required to demonstrate how and why I collected data.

noblegiraffe · 01/02/2025 09:30

Boohoo76 · 01/02/2025 09:24

I filled in forms confirming my occupation and place of work when my DC started each of their schools. In any event, it wouldn’t matter if the place of work wasn’t recorded. If they have used the work telephone number for a purpose other than what it was collected it’s a breach.

The head didn't phone the employer, there's nothing to suggest they used a work landline phone number which may or may not be on the school database anyway.

Lighteningstrikes · 01/02/2025 09:31

Social media is not private and you’ve very publicly shamed the HT and his school.

In future, if you’ve got an axe to grind, go through the correct channels ie school governors etc.

Every action has a reaction and if you’re honest with yourself, you really did kick the hornet’s nest.

DowntonNabby · 01/02/2025 09:34

Harass3d · 01/02/2025 09:30

No

Okay, so why do you think the head has singled you out over all the other parents who posted on the FB thread? Did you share any anecdotes about your dealings with him over your child? Did you relay something about him dealing with someone else's child that you'd been told second-hand? Did he contact you about the post, ask you to take it down but you refused? Have you ever posted about the school (not him specifically) before on FB and that got back to him?

I know I'm asking a lot of questions but it's just so baffling that he's made this complaint against you and, according to your earlier posts, embellished it with false allegations. For a headteacher to take the inflammatory step of contacting your employer suggests that it's personal. As I said, my partner is a teacher and while he'd be upset if he was being slagged off online he wouldn't go that nuclear!

GlasgowGal82 · 01/02/2025 09:34

DowntonNabby · 01/02/2025 09:30

You actually think a screenshot and a note from another parent (presuming it was another parent or a friend of the head on the FB post who dobbed her in) would be entered into her son's school record?

Data doesn't have to be entered into an official record to be held by an organisation. If it's been sent in an email, shared in a teams post or even saved on a hard drive belonging to the school then it is data that is held by them and subject to GDPR.

Boohoo76 · 01/02/2025 09:35

noblegiraffe · 01/02/2025 09:30

The head didn't phone the employer, there's nothing to suggest they used a work landline phone number which may or may not be on the school database anyway.

Using a work landline (which is very much likely to be collected and stored by the school as an emergency contact) to find the work address of the parent (quick Google search) is still a breach.

HelloNorthernStar · 01/02/2025 09:36

wrong Thread

gingerlybread · 01/02/2025 09:36

@DowntonNabby there's justifiable reason for putting this screenshot into the file of the child whose parent brought it in, and then to link it to the OPs child in pastoral notes. It may be evidence of bullying, or parental conflict, or any number of things and it's not a GDPR breach to hold this.
It's not a GDPR breach to write a letter of concern to her employer either. "It has come to my attention that @Harass3d is bringing my reputation into disrepute on social media " is not breaking GDPR because it's true.
If there's a problem it shouldn't be dealt with in a public pile on against the HT.

noblegiraffe · 01/02/2025 09:36

Boohoo76 · 01/02/2025 09:35

Using a work landline (which is very much likely to be collected and stored by the school as an emergency contact) to find the work address of the parent (quick Google search) is still a breach.

Literally no evidence that this is what has happened though.

AnneShirley18 · 01/02/2025 09:36

Regardless of GDPR, his judgement is very questionable. No teacher or headteacher should behave in such a hotheaded way. This was not a measured reaction. It’s not a reaction where the best interests of the school have been at the forefront. He reacted personally and sought revenge. For an offhand message on FB which granted questioned his efficacy as a principal, he thought it reasonable to jeopardise your career in a very intentional way. Someone used ‘unhinged’ earlier and it is. Yes GDPR breach proof might strengthen the argument but it wouldn’t be my focus when a madman set out to ruin my livelihood and jeopardise the economic stability of a parent of a child in his care.

ClockingOffers · 01/02/2025 09:37

Agix · 01/02/2025 05:32

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.

Oh dear, it’s obvious you don’t actually have any legal understanding of how GDPR works. 🤔

Wrongsideofpennines · 01/02/2025 09:40

I don't know you'd be able to prove it was a GDPR breach. If the message was screenshotted and sent to him then it was probably with a message that said 'She works at XYZ you know, should be more professional' and someone is trying to shitstir but he hasn't actively looked for your details.

I would be majorly pissed off about the defamation thing though, and probably sharing where your son is at school with your employer as they have no need and no right to have that information.

Seagullsandclouds · 01/02/2025 09:40

Unitedthebest · 01/02/2025 09:10

Genuine question. (And off topic about the GPDR which I agree sounds very odd)
Why do you send your child to a school you quite clearly despise and a headteacher who makes you uncomfortable enough to comment about them on social media? I will never ever understand why a parent would send their child to a school they don’t trust. Just move them 🤷‍♀️. Parents who don’t just leave… I think they like the attention and drama. Go and look at some other schools OP-everyone will be a lot happier!

Because she would have to move house to do so, as she has explained. Not everyone has the luxury of being able to choose between different schools.

Seagullsandclouds · 01/02/2025 09:41

Katrinawaves · 01/02/2025 08:47

So many (wrong) armchair lawyers on this thread who don’t like what OP has done so are putting the boot in!

@Harass3d cannot sue the school or the headteacher for libel because she has not suffered “serious harm” - ie financial harm as a result which has been a prerequisite for libel since 2014. She could sue for malicious falsehood however.

The headteacher cannot successfully sue @Harass3d for defamation even if he could overcome the serious harm test because she has an honest opinion defence.

It is the child’s GDPR rights which have been breached - a vulnerable child with additional needs as we now know - so whether @Harass3d provoked this or not is completely irrelevant as that’s not the child’s fault.

And even if she did provoke the head (there is actually no evidence she did) or there is a backstory that does not excuse his actions. If your neighbour slipped on a patch of ice and you laughed at them, would you not be able to report them to the police if they got up walked over and slapped you/your child around the face? The OP has broken no laws here, the head has. At least twice.

100% the best, most accurate, and most well informed post on here.

WalKat · 01/02/2025 09:43

Wow, if what you said is true that's a massive over reaction from the head. Imagine if his complaint had caused you to lose your job? That could have potentially caused your child to suffer too. What a strange and over the top thing to do. Surely a headteacher must be used to parents having strong opinions on the school? It's part and parcel of being in charge of a school. Yes you shouldn't share your negative thoughts online necessarily (maybe private message the person who started the post instead?) but still, that head sounds very strange!!

DowntonNabby · 01/02/2025 09:43

Seagullsandclouds · 01/02/2025 09:41

100% the best, most accurate, and most well informed post on here.

But what laws exactly has the head broken?

gingerlybread · 01/02/2025 09:45

@Harass3d I'd also say that there is so much hypocrisy in your post. The HT is sending your employer a letter in his personal capacity but you are accusing him of breaching (school ) GDPR.

He doesn't need to have taken any information from the school to know which health board you work for.

He possibly should have met with you beforehand to discuss but perhaps he didn't want to muddy the waters and make it professional.

You are lucky he didn't report you anonymously to the SSSC or another professional body.

viques · 01/02/2025 09:47

a lot of false claims made about me

Who by? This sounds very strange, what have you done to upset people so much that a lot of false claims are being made about you? Are you posting snippy remarks about people , like the one you made about the HT , and people are pushing back?

Sounds as though you need to leave SM posting for a while and stick to real life conversations.

thepariscrimefiles · 01/02/2025 09:50

gingerlybread · 01/02/2025 09:45

@Harass3d I'd also say that there is so much hypocrisy in your post. The HT is sending your employer a letter in his personal capacity but you are accusing him of breaching (school ) GDPR.

He doesn't need to have taken any information from the school to know which health board you work for.

He possibly should have met with you beforehand to discuss but perhaps he didn't want to muddy the waters and make it professional.

You are lucky he didn't report you anonymously to the SSSC or another professional body.

He reported her to her employer who, I assume, will have used their professional body's guidelines when considering this complaint and they did not uphold the complaint.

Boohoo76 · 01/02/2025 09:50

noblegiraffe · 01/02/2025 09:36

Literally no evidence that this is what has happened though.

How did the headteacher locate her then without using personal data? What evidence do you have?

In any event it was extremely unprofessional of the headteacher. No one should be defending them.

MassiveSalad22 · 01/02/2025 09:50

Harass3d · 01/02/2025 08:08

Not really the original post was about their frustration with getting issues resolved & how difficult they found getting the school to engage. Our children are the same age and attend the same school so I knew where they were referring o

Why hasn’t he gone after the original Facebook poster then, given she was also criticising the school? He sounds bitter and deranged and probably not the best role model for a school full of teens.

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