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data protection request

  • 03-03-2014 4:42pm
    #1
    psalbmb
    Registered Users Posts: 195 ✭✭


    Hey Guys, I have quite a complicated situation, which I hope some of you can give feedback on... so here goes.

    I was unfairly dismissed from employer A ( When brought before the tribunal, a settlement was made and the contractual agreement was signed, which included a confidentiality clause).

    Went for an interview back in May( EMPLOYER B) (within the same industry where everyone kinda knows everyone if you understand me).. anyways i was offered the job, however 1 day prior to starting, I was told they were withdrawing the job offer... no reason was given.

    In September, I went for a different interview (same industry) EMPLOYER C.. Similar thing happened, however the HR Manager, when questioned stated he couldnt get into it, but yes it was something to do with employer A.

    Now, i've put in a section 4 data protection request which I am awaiting.. however EMPLOYER B (The Brand) has now taking over EMPLOYER C...So my question is, am I entitled to all information, even relating to the interview back in May, or is it seperate because at the time they were different companys?

    secondly, if it does come back that they where in breach of the settlement, what would one do?


Comments

  • #2
    robjones1981
    Registered Users Posts: 311 ✭✭robjones1981


    Just phone the data commissioners office - they will tell you everything you need to know over the phone


  • #3
    usernamegoes
    Registered Users, Registered Users 2 Posts: 901 ✭✭✭usernamegoes


    It would not be separate as B has probably become the controller or C's data.

    Under the DP Act A ought not to disclose your data to a third party. If you have sustained damage you may be able to seek compensation.

    As always best to seek legal advice.


  • #4
    psalbmb
    Registered Users Posts: 195 ✭✭psalbmb


    usernamegoes wrote: »
    It would not be separate as B has probably become the controller or C's data.

    Under the DP Act A ought not to disclose your data to a third party. If you have sustained damage you may be able to seek compensation.

    As always best to seek legal advice.

    The DPC stated I'd have to make 2 seperate sc.4 requests. I'm awaiting them to send on the info now. so where would one go next if It transpires that EMPLOYER A did give a negative reference and was in breach of the aggreement. the contractual aggreement I have, states the circuit court... this would be very expensive though wouldnt it? and they could deny they gave a negative reference.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,491 ✭✭✭✭Victor


    usernamegoes wrote: »
    It would not be separate as B has probably become the controller or C's data.
    Not necessarily. They could still be separate companies.


  • #6
    psalbmb
    Registered Users Posts: 195 ✭✭psalbmb


    an update on this. it now transpires that EMPLOYER A (Where I was unfairly disamissed ) has now joined EMPLOYER C(The Brand... and the person whom I requrested a Sc. 4 data protection request from in relation to a reference that was provided from EMPLOYER A)...So The data commission is investigating why they are refusing to provide the information I requested (they had 40days to release the information and have failed).Personally, I feel that now that both hotels are one brand, therefore they would have a more informal relationship (ie: chat regarding this request between eachother)... any thoughts?


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