GDP advice

[Robbies right hand man]

Hi all,

 

I’m looking for some help if anyone would be so kind.

 

I’m looking for some advice regarding GDPR, specifically with regards to employers and sickness policy.

 

Can an employee request emails which has your name involved? Also, should employers ensure to call on a recorded line? I presume if emails are sent there’s a trail, so to speak?

 

I’m currently employed in the financial industry and have been off sick for a while. I have a union but was looking for some advice from someone ITK.

 

Thanks in advance all

 

 

[Robbies right hand man]

GDPR

[maroondevo52]

Yes, you can send a Subject Access Request to your employer.

 

Copied this from a site:

An employee data subject access request is a right under the EU General Data Protection Regulation (2018), to request all information that your employer (as a data controller) holds, which relates to you.

Importantly it includes the right to request information contained on your employer’s computer system. For example, if your manager has been emailing people about you, you are entitled to see this information.

[Robbies right hand man]

1 hour ago, maroondevo52 said:

Yes, you can send a Subject Access Request to your employer.

 

Copied this from a site:

An employee data subject access request is a right under the EU General Data Protection Regulation (2018), to request all information that your employer (as a data controller) holds, which relates to you.

Importantly it includes the right to request information contained on your employer’s computer system. For example, if your manager has been emailing people about you, you are entitled to see this information.

Thank you mate.

 

Do you know whether it’s legal during a formal process to have them via personal phones?

 

I’ve worked in the company for 14 years, and it really concerns me that managers with less than two years on the job are trying to do a quick job one me.

 

I have evidence concerning previous remarks made about me, but not sure when and it to bring it up. I’m due a OH meeting this week as well.

 

I just don’t know what to do if I’m honest 

[maroondevo52]

Hi,

I don’t think anything you have on your personal phone can be used to your advantage.

You will have to attend the OH meeting and as I don’t know your company’s absence policy they will look at your absence record overall and more importantly in the past 12 months.

I also don’t know about your disciplinary record so couldn’t really advise you on your next move.

[Grumpy]

You should have been issued with a Privacy notice that explains what data they collect, why its collected and you should be able to find out how long each type of data is kept for - everyone assumes its forever but its only for as long as is necessary at which point it must be deleted. As mentioned above, a subject access request can give you access to anything containing your data (but it may be redacted if it contains other peoples data). Check out the ICO website its quite useful and easy to navigate. Unless there's a policy preventing it, I'm not aware of any restriction on using personal phones depending on circumstances (although it could be argued that having your phone number on a personal phone is a data breach unless you've given permission for them to use it - realistically the ICO wouldn't care about that sort of stuff / might be useful in a civil case in the right circumstances though - usually comes down to the level of data risk i.e has your data been misused, have your data rights been breached, have the failed to correct errors, have they a legal basis for processing etc. and most importantly  what's the risk arising from any misuse or failure on the data controller / processors part).

 

Sorry a bit hungover but that's the gist - the ICO is where you'll find proper advice.

[tightrope]

14 hours ago, Robbies right hand man said:

Hi all,

 

I’m looking for some help if anyone would be so kind.

 

I’m looking for some advice regarding GDPR, specifically with regards to employers and sickness policy.

 

Can an employee request emails which has your name involved? Also, should employers ensure to call on a recorded line? I presume if emails are sent there’s a trail, so to speak?

 

I’m currently employed in the financial industry and have been off sick for a while. I have a union but was looking for some advice from someone ITK.

 

Thanks in advance all

 

 

Phone ACAS first thing Monday mate. It's free and impartial. OH are not there to catch you out, they are there to ask questions set by your employer. Usually likliehood of return to work including possible timescales of return, any adjustments employer could make. Will you need a phased return, light duties, was it an injury at work etc. Don't worry about that. Also used to be the case that you did not have to attend OH. However I would. I have one this week. Get s copy of your works victimisation, harrasment and bullying policy also. People who complain about these things can not be disciplined for complaining. It's law. Write everything down that you believe is of concern, times dates etc. Go to the union. Yes you can request info with you mentioned, however they can also block out info they deem to be sensitive. Good luck.