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22-01-2020, 11:48   #1
aisling 999
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gdpr breach at work

Hi all, long story but I ended up in mediation with a work colleague. She produced a copy of an old contract that I had years ago, that I had no idea she had or should have had. Have spoken to manager about this, but is there any thing else I should be doing.

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23-01-2020, 13:03   #2
Diceicle
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She had a copy of your old contract? Is that right?
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23-01-2020, 16:29   #3
Lux23
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Your employer should be reporting that within the next 72 hours!
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23-01-2020, 16:45   #4
Jim2007
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Originally Posted by aisling 999 View Post
Hi all, long story but I ended up in mediation with a work colleague. She produced a copy of an old contract that I had years ago, that I had no idea she had or should have had. Have spoken to manager about this, but is there any thing else I should be doing.

Thanks
We don't even know if it was a in fact a breach... it was a company document, she is an employee and while you may not think that she should have access that does not mean that the company has broken the law in any way.

What is your objective? You have made a complaint to management, was the outcome acceptable or not?

If you make a complaint to the data commissioner, it will kick of an unwelcome inquiry with your employer...

if you loose the complaint, who will you feel about it and what will your future relationship with your employer looking like?

if you win, your employer gets a rap on the knuckles, may be pays a fine and then what, how do you see your relationship with your employer then?
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23-01-2020, 16:53   #5
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Originally Posted by aisling 999 View Post
Hi all, long story but I ended up in mediation with a work colleague. She produced a copy of an old contract that I had years ago, that I had no idea she had or should have had. Have spoken to manager about this, but is there any thing else I should be doing.

Thanks
I don't know Irish law too well, but in Germany that would be considered a breach of confidentiality. Unless, of course, your colleague worked in the HR dept. and had legal access to your file? otherwise I'd imagine you have grounds for complaint.
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23-01-2020, 19:10   #6
Ohmeha
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There is absolutely no justifiable reason for any colleague of yours to be in possession of on old contract of yours, all employment contract records should only be stored by your HR department

I would suggest if you have a Union run the series of events by them and seek best advice. If you're not in a union and have already spoken to your manager await response from your manager but if you feel their response is not satisfactory you will ultimately have to decide if you feel it's required for pursuing an escalation to your HR department
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23-01-2020, 19:55   #7
Dav010
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There is absolutely no justifiable reason for any colleague of yours to be in possession of on old contract of yours, all employment contract records should only be stored by your HR department

I would suggest if you have a Union run the series of events by them and seek best advice. If you're not in a union and have already spoken to your manager await response from your manager but if you feel their response is not satisfactory you will ultimately have to decide if you feel it's required for pursuing an escalation to your HR department
It depends on whether it was the op’s signed contract, or the same contract as the op signed. A lot of companies have standard contracts at particular times, these contracts get updated as time goes on.

Op, are you saying he/she produced a copy of your personal signed contract, or a contract the same as the one you signed?
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23-01-2020, 21:21   #8
_Brian
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Originally Posted by Jim2007 View Post
We don't even know if it was a in fact a breach... it was a company document, she is an employee and while you may not think that she should have access that does not mean that the company has broken the law in any way.

What is your objective? You have made a complaint to management, was the outcome acceptable or not?

If you make a complaint to the data commissioner, it will kick of an unwelcome inquiry with your employer...

if you loose the complaint, who will you feel about it and what will your future relationship with your employer looking like?

if you win, your employer gets a rap on the knuckles, may be pays a fine and then what, how do you see your relationship with your employer then?
Employees having access to documents about other employees when there is no business need is indeed a gdpr breach.
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23-01-2020, 21:22   #9
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Am I the only one wondering what the colleagues reason for having it was?
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23-01-2020, 21:31   #10
angel eyes 2012
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Am I the only one wondering what the colleagues reason for having it was?
We need more information regarding the actual information on the contract. The OP stated "She produced a copy of an old contract that I had years ago, that I had". That could mean any old contract with a supplier, which wouldn't necessarily pertain to the processing of personal data and therefore Data Protection compliance would not arise. Too easy to make assumptions in this scenario when we don't know the context.

Also, not all data breaches need to be reported to the Data Protection Commission.
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24-01-2020, 00:25   #11
Jim2007
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Employees having access to documents about other employees when there is no business need is indeed a gdpr breach.
And as I pointed out in my original post, we don't know the context nor even if it is a breach of the law.
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24-01-2020, 21:26   #12
Esse85
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If the employee logs a complaint with the data protection, they will tell the employee to issue in writing a query to the employer as to why that happened rather than going investigating it straight away.
If the employer doesn't respond within 30 days then the data protection steps in.
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24-01-2020, 22:46   #13
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Am I the only one wondering what the colleagues reason for having it was?
If I’m a manager in that company I’m certainly wondering what that employee is doing with it, also how they came to be in possession of it. Anywhere I’ve worked documents of a legal and sensitive nature were under lock and key.
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24-01-2020, 23:31   #14
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And as I pointed out in my original post, we don't know the context nor even if it is a breach of the law.
If the employee came into possession of it without authorization it’s a breach, theft. If the employer enabled the employee and authorized him to take it without a legitimate business reason it’s a breach of GDPR.
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25-01-2020, 10:32   #15
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If the employee came into possession of it without authorization it’s a breach, theft. If the employer enabled the employee and authorized him to take it without a legitimate business reason it’s a breach of GDPR.
That depends on where they got the contract from ( the other party to the contract may have handed it over), and whether it not it actually contains personally identifying data ( it may be generic).
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