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Any rights to see what information is held about you?

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  • 16-05-2011 7:01pm
    #1
    R.D. aka MR.D
    Registered Users Posts: 2,643 ✭✭✭


    Hi,

    Just asking for a friend, his manager has announced that he is keeping a file on all the employees at his house containing anything they have done wrong.

    Does my friend have any right to see this information?

    Basically he is afraid that the manager will write whatever and then could use it against him.

    Very weird situation I know. It sounds like an intimidation tactic to me.


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    #2
    Eoin
    Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    Check out this page on the dataprotection.ie website

    Data Protection Access Requests for Personnel Records

    Edit: Keeping a record of errors or issues doesn't sound weird or like intimidation to me - it sounds like common sense.


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    #3
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    We would always have kept detailed records on employees performance, good and bad... Employees would see what was on their performance appraisal but nothing else, employees would never ever see their personnel file, all requests to HR were refused.


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    #4
    D.McC
    Closed Accounts Posts: 180 ✭✭D.McC


    Can't you see the information kept on you by both public and private organisations by using the data protection act and the freedom of information act? :confused:

    I forget which one applies to each.


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    #5
    Eoin
    Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    It's the Data Protection Act, and the page specifically relating to Personnel records is linked to above.


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    #6
    ITUPE
    Closed Accounts Posts: 17 ✭ITUPE


    OP, like other poster has said your friend does have the right to full access to all records that is held on them regarding their employment, and irrespective of their actual authorship, under Section 4 of the Data Protection Acts.

    If this manager is holding a separate file on your friends employment at his/her home, is this location separate from the legitimate place of business? The reason I am asking is why is the manager not keeping these records on the site of the legitimate place of business, and why is this manager not including them as part of the companies official personnel files?

    The next and most obvious question is whether this manager's next in line or even the owners of the business are aware of this?
    Put simply, have they authorised any of this, or is this manager doing it off his own batt unknown's to any of them? Under the Acts, all records must be generated and held for legitimate, specific and stated purposes. That's a very serious issue!

    Also, there is also an onus on your employer to ensure that all records on you are held in a safe and secure format. So what measures has the employer taken or even put in place in so far as to ensure that they are in compliance with this particular subsection of the Acts?


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