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gdpr breach at work

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  • 26-02-2020 3:56pm
    #1
    biddy21
    Registered Users Posts: 121 ✭✭


    Hi, asking for a colleague. He works with another person in an office, who had issues with him and manager decided to set up a mediation process. In the mediation, the other person produces the temp contract that my colleague had when he started in that workplace 10 or so years ago ( Since has been given a perm contract) He is not very happy that 1. this person had his contract 2. handed it over to a third party. Has reported it to management but this is about 8 wks ago now and management have said they are waiting for advice. (Seems to be a long time to wait for advice) What should my colleague do?


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    #2
    Rob Thomas
    Registered Users Posts: 488 ✭✭Rob Thomas


    Sorry this is a bit unclear.



    Are you saying that during the mediation process one employee produced a copy of the contract of the other employee and shared it with the mediator?



    How did they get hold of this document would be the obvious question if this is the case?


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    #3
    biddy21
    Registered Users Posts: 121 ✭✭biddy21


    Yes, that is exactly what happened . The other person is the clerical officer in the business, and had access to it


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    #4
    Rob Thomas
    Registered Users Posts: 488 ✭✭Rob Thomas


    biddy21 wrote: »
    Yes, that is exactly what happened . The other person is the clerical officer in the business, and had access to it


    GDPR can be a minefield but basically it revolves around how companies retain, share and use your personal information. Thats not a precise defination I know and I wouldnt claim to be an expert in it.



    In the case of an employee contract it may be that the mediator, if they work there too, had access to the document anyway and the information may be the property of the company anyway.



    I suppose it would depend on what information within that contract they were emphasising.



    I'm simplifying but say for example the issue between the employees was that one person never answers the phone and the other was complaining about always having to do it. If the contract that was produced said that the employee was required to answer the phone as part of their work then this may be the justification given. Although its still wrong and a simple job description would have sufficed without going to the actual employees contract.



    But seems highly unlikely in this case that this information was shared for any valid or right reasons and to me this looks like a disciplinary issue for the employer against the employee who shared it.


    It is strange that the company are fobbing it off.


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