Toggle sidebar

GDPR Query - Urgent Help/Advice Needed

Sort by date Sort by votes
I

Ian Smith

Free Member
Nov 10, 2018
15
0
Hi,

I'm hoping someone here can help with my query. Recently at work, a colleague of mine who works in my office took a personal document of mine from my desk without my permission and made a photocopy of it. For the record, it was a poem which had a political slant on it - as a result, I am now facing disciplinary.

I want to ask: did that colleague of mine breach GDPR by taking something from my desk without my permission? If so, which aspect of GDPR can I reference?

I feel aggrieved, as that document could've been anything - a bank letter, a hospital letter, etc. I feel like it amounts to theft of personal employee data, but I'm unsure where I stand legally.

Any help/advice would be greatly appreciated.

Thanks.
 
Probably not what you want to hear but . . .

I would assume that you being disciplined for reasons other than the GDPR, if, as you say, the document was a "personal" document. If you're employer is using that personal document's content in order to discipline you, I'd be seeking advice from Citizens Advice or an employment law specialist.

Because it's personal, the GDPR has no bearing on it whatsoever. The GDPR only applies to personal data in a work/business context, otherwise we would all have to apply GDPR for our personal contacts and personal affairs.

On that basis I would say it is highly unlikely to be able to use the GDPR for any counter argument or claim. The only thing you could do, if you have proof that the theft of that document has caused you harm or distress, is take it to the police or seek legal advice on a civil claim against that person.
 
  • Like
Reactions: Arjen
Upvote 0
Mike Kilby PC.dp said:
Probably not what you want to hear but . . .

I would assume that you being disciplined for reasons other than the GDPR, if, as you say, the document was a "personal" document. If you're employer is using that personal document's content in order to discipline you, I'd be seeking advice from Citizens Advice or an employment law specialist.

Because it's personal, the GDPR has no bearing on it whatsoever. The GDPR only applies to personal data in a work/business context, otherwise we would all have to apply GDPR for our personal contacts and personal affairs.

On that basis I would say it is highly unlikely to be able to use the GDPR for any counter argument or claim. The only thing you could do, if you have proof that the theft of that document has caused you harm or distress, is take it to the police or seek legal advice on a civil claim against that person.
Click to expand...


Thank you. I'd have imagined GDPR didn't cover it, but I thought I'd ask anyway.

The fact that the document was stolen from my desk has definitely caused me a lot of distress. I Will contact the CAB on Monday and seek advice.
 
Upvote 0
billybob99 said:
Your employer needs to get a life and you need to find a new job.
Click to expand...

I did feel it was a really petty thing to do, especially since the content wasn't inflammatory (apart from the use of some swear words).

I've got a meeting with senior management on Monday morning, and I'm hoping they deal with the matter in a common sense way.
 
Upvote 0
And how did it go? Seems to me, unless there are other issues, that it is your colleague who should be disciplined.
 
Upvote 0
If the poem was done on a company system and printed out on a company printer that could be classed as using company resources in an inappropriate manor.

Not knowing the content of the poem it might be the person who took a copy was considerably upset by what they saw and deemed it to be sexist/racist. Not saying it was just the person might take it that way. The management team have a responsibility to investigate if such issues are presented to them.

If was the case you could say that the poem was not in sight and the person had to go through your things to find it. But that depends on if that is common practice that staff look on each others desks for things to complete daily tasks.

Depending on the content of the poem the company maybe taking advice on what to do hence a meeting is scheduled rather than dealing with it straight away. Might be worth a call to ACAS as well for advice. You will need to share the contents of the poem with whoever you get advice from so they have the full picture.
 
Upvote 0
Hi everyone. Apologies about the delay in keeping the thread updated.

I had an outcome meeting yesterday, the upshot of which was that I have been issued a first written warning which will remain on my employee record for a period of 6 months. I was incandescent to say the least.

The senior manager said that my colleague found the poem to be disturbing because of the use of "sexist language" (which I don't disagree with), but the language when considered in its context was aimed at the commentariat (for effect/impact), as opposed to women. I argued that it was a lack of understanding that has led to her taking umbrage at the content - but this was squashed immediately. The senior manager said the wording cannot be defended. In a strictly black and white sense, I was in the wrong, so I suppose I've been given my due - we live and learn.

The irony about the whole discussion was that the colleague in question uses every manner of vile profanity on a daily basis in the office - some of which amounts to misandry (if I wanted to be really petty). Chutzpah!

Anyway, I've been given the opportunity to appeal but I'm going to pass it up, as this whole episode has already been very stressful.

I want to thank everyone for their advice and input - it's been really helpful.

Take care and all the best.
 
Upvote 0
You must log in or register to reply here.

Latest Articles

Top Bottom
Back