Also - Data Protection Act

flis21 · 11 July 2007 at 5:56AM

As you may have seen on my other thread I came across a report written by my manager about my sickness absences and 'general conduct' over the last 6 months. From reading it I think it was either sent to her boss or to HR.

My question is under the DPA, would I have been entitled to see a copy of this report anyway?

I want to talk to her about it, defend my position and clear the air, but I don't want to do it if I am going to get into trouble for finding / reading the report.

Flis

LittleVoice · 11 July 2007 at 6:57AM

It sounds as though you may have seen the report by accessing an area (computer or physical) which you should not have done - or it may have been left lying around where you could reasonably have been expected to see it. However one has to assume that if your boss had wanted you to see it at the time, they would have shown it to you. So do not say you have seen it.

However, as you will know, you have the right of access to data held on you which is held in a structured filing system. If the report has been sent to HR, it is probably held in a structured filing system (this is not guaranteed!) and therefore if you ask to see all material held on you, this should be included. If you have not asked for access before, you may find your employer does not charge for the first access, though it can ask you for £10 if it wishes.

CFC · 11 July 2007 at 10:47PM

Flis, you mention over the last 6 months. Are you in a probationary period at all?

flis21 · 12 July 2007 at 7:56AM

No, my probationary period has ended and they gave me a letter to confirm that. I have now worked there for 10 months.

Luvly.cuppa.T · 12 July 2007 at 7:24PM

Oh this is my bag! (I was dimissed for contravening the DPA unfairly, fought through appeal and it was overturned due to no evidence....)

If it was left out, then the information has become freely available. This has been said by the ICO (peeps that deal specifically with the DPA) and a solicitor. The boss is then at fault of contravening the DPA if this is the case, as it should be kept secured.

If you have gained access by any other means, such as filling cabinet, computer, going into an office when you shouldn't have etc as previous poster put, then you are contravening the DPA yourself, even if it is your file.

Littlevoice is indeed the voice to follow here!

Be careful though, as it can be hard to prove that your info was lying around if no-one else has seen it and your manager could decide to be nasty and hold it against you, by saying that accessed it another way and that it wasn't freely available. (THis was my case, even though I actually had a witness!)
If it was left lying around, then you can pull the manager up on this, reminding them of the DPA, you are not happy that this has happened as this is confidential information that no one else is entitled to see etc. You can say it how you like, and then say that you couldn't help but read it and you would like to discuss it. This would be the better practice.

The other option is as Littlevoice says, apply for your file and go from there.

Also - Data Protection Act

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