Employee's right to privacy!!

[stabiloboss]

Hi All,

 

I really need some help regarding employee privacy rights.

 

I have been at my place of work for just short of 8 years and they have been very good to me through prolonged periods of illness.

 

However, I received a call from one of the managers today to inform me that they had received a letter from a solicitors firm requesting information. She would not tell me who they were or what information they wanted other than my address, although she mentioned my income and telephone number. She was clearly uncomfortable in the situation and concluded that she was bound to reply with all the relevant information.

I made it clear I would rather she didn't, however, I believe she has filled out the questionaire and returned it.

 

Now - I do not want to start a war with my employers -as I said - they have been good to me and it is a small company, so ill feeling would be difficult to avoid.

But I have no idea who this firm are, why they would be contacting my employer or even how - I have never given out any of my employment details to my recollection.

Nor do I give my telephone number out to anyone but friends, family and my employer as I cannot abide nuisance calls - not even the bank have my number!!!

I am concerned that there is something amiss as I have had my identity stolen in the past and suffered bank fraud - this was my main concern with anyone giving my details out to a company I do not know of, that have not contacted me and now have most of my very personal inormation.

 

I would greatly appreciate any advice regarding my rights to privacy. I trust the information she refered to was on computer and so maybe the Data Protection Act is relevant. I could understand if it were a court or the Police - but surely not any old firm can ask for and be given my private information?

 

HELP!

[Guest vortex]

The only way i am aware that they can give out information is by Court Order, because to do so would be a breach of the DPA. That is my understanding of information held on a relevant filing system.

 

The next question is have they sent the information back or have you asked them not to?

[Sidewinder]

Save for an approach by the Inland Revenue and in other very limited circumstances, your employer is not 'bound' to provide this information, and most certainly should not have done so without your permission. Your employer is a data controller and has a legal obligation to handle your personal information correctly.

 

You need to know exactly who has asked for this information and why. Get the details and find out. I appreciate that you may not want to rock the boat but this really needs to be challenged.

[stabiloboss]

Thanks for the replies guys.

 

I asked who the Solicitors were so that I could contact them myself. My manager did not tell me, saying she was unsure if she was supposed to.

 

I stated that I did not want them to forward any details without me knowing who they were. However, I'm quite certain she did.

 

I was told that credit reference agencies were allowed to request such information - but the a data controller should ensure they are who they claim to be.

 

I'm no clearer on the matter and still quite annoyed.

 

Arggggghhhhh!

[Sidewinder]

Credit Reference Agencies most certainly cannot obtain information from your employer

 

I asked who the Solicitors were so that I could contact them myself. My manager did not tell me, saying she was unsure if she was supposed to[/Quote]

 

So your employer freely gives your information to a third party (who may be masquerading as a solicitor to give weight to their request, may be an identity thief, or a debt collection agency) without making any checks whatsoever, but will not allow you to have access to the letter yourself?

 

It sounds as though your manager has not got the first idea as to the company's responsibilities as data controllers. Confuse them a little more and make a Subject Access Request under the Data Protection Act. Alternatively I would raise a grievance over this expressing concern about a possible breach of the DPA on the part of the employer in passing your details to a third party without your permission (in fact with your express refusal for them to do so).

 

Have a look HERE for some basic information regarding proper use of your data.

[Ell-enn]

Hi there, part of my job is administering payroll and as far as I am aware the only people who can legally ask for details from your employer are Inland Revenue, CSA, Council Tax enforcement, or any Court Judgement enforcement and the police. Your manager should not reply to any other requests without your written consent to the information being given.

 

As Sidewinder says, you need to get the information from your manager - quote the Data Protection Act.

 

To be honest, I would be surprised if it was a proper firm of solicitors - they would know the law. There are DCA's who call themselves solicitors.

 

Kind Regards

 

Ell-enn

[Weird Al Yankovic]

Thanks for the replies guys.

 

I asked who the Solicitors were so that I could contact them myself. My manager did not tell me, saying she was unsure if she was supposed to.

 

I stated that I did not want them to forward any details without me knowing who they were. However, I'm quite certain she did.

 

I was told that credit reference agencies were allowed to request such information - but the a data controller should ensure they are who they claim to be.

 

I'm no clearer on the matter and still quite annoyed.

 

Arggggghhhhh!

 

Have you applied recently for credit or are you in the process of getting a mortgage?

 

Have you applied for another job?

 

Do you have any bad debt?

 

Can you think of anything whereby a third party requires proof of your employment, earnings etc and where you have consented to that third party that they may make enquiries?