Privacy and HR

Kayalana99 · 29 August 2018 at 8:10AM

Ozzuk wrote: »

That just looks like a GDPR checklist for an application. It doesn't apply in this case (not sickness), but your point is still wrong anyway because you seem to be deciding who 'needs to know'. The company decides that, and if you have no consent you can fall back on legal justification (which ultimately would be decided in court). i.e. "we felt we had a duty of care to support the employee by telling a small group of people. No consent, and you could argue it is wrong, you could also argue it's right. Lastly (and I'm happy to be proved wrong here) but I've not seen bereavement status listed in the ICO guidelines for sensitive data.

How do you know? Berevement leave is still taking sick days off, but even if you are right, it is still personal data about the employee. Personally I would have put it under mental health, but then that's majorly debatable.

I was the only person on here that actually looked at facts rather giving advice based on what they 'think'.

"Unless you have willingly given your employer permission to do so, they must not reveal your personal information to people who do not have a legitimate reason for seeing it. "

https://www.tuc.org.uk/sites/default/files/tuc/privacyatwork.pdf

sangie595 · 29 August 2018 at 9:07AM

Kayalana99 wrote: »

How do you know? Because it is obvious that you are talking about something nobody else is talking about. That is how we knowBerevement leave is still taking sick days off, It absolutely is not the same thing as sick leave. For starters, it doesn't even exist, unlike sick leave! Being bereaved is not a sickness, it is a life event. A normal and natural life event. If the impact of that event is to cause sickness you need a fit note, just as you would for any sickness. That fit note would not say "xxx died" because someone else's dealt isn't a sickness for you!but even if you are right, it is still personal data about the employee. No, it is not. Information and data are not exactly the same thing. Personally I would have put it under mental health, but then that's majorly debatable. Personally, you would be wrong. Someone else's death is not a mental illness!

I was the only person on here that actually looked at facts rather giving advice based on what they 'think'. No. You are the only person who made up a load of facts that didn't exist to support a totally ridiculous theory that want relevant anyway!

"Unless you have willingly given your employer permission to do so, they must not reveal your personal information to people who do not have a legitimate reason for seeing it. " You have ignored every person telling you this. Ignoring it doesn't make you correct. It is a matter of interpretation what "need to know" means. And the people who interpret that are the managers. Not you.

https://www.tuc.org.uk/sites/default/files/tuc/privacyatwork.pdf

I don't know whether you noticed this, but you have linked to a document which is out of date, and have selected one sentence out of context of both the surrounding information, the OPs post, or the facts in order to support an erroneous argument on your part.

You are still wrong.

Undervalued · 29 August 2018 at 10:03AM

Kayalana99 wrote: »

How do you know? Berevement leave is still taking sick days off, but even if you are right, it is still personal data about the employee. Personally I would have put it under mental health, but then that's majorly debatable.

I was the only person on here that actually looked at facts rather giving advice based on what they 'think'.

"Unless you have willingly given your employer permission to do so, they must not reveal your personal information to people who do not have a legitimate reason for seeing it. "

https://www.tuc.org.uk/sites/default/files/tuc/privacyatwork.pdf

No it is not. They are two separate things. You can be bereaved without feeling the need to be off work. Some people actually prefer to keep busy with their normal routine under such circumstances. Others may genuinely feel too unwell to be at work in which case they can go off sick.

As has been pointed out repeatedly, many employers give some paid time off work to employees who have suffered a close bereavement despite there being no legal obligation to do so. That comes down to their company policy which can vary wildly.

It is a pity you looked at (Googled) the wrong facts regarding data protection. In this instance it would very easy for the HR department to justify sharing the information with the OP's manager as it could well affect their work performance when they return.

Ozzuk · 29 August 2018 at 11:59AM

Kayalana99 wrote: »

How do you know? Berevement leave is still taking sick days off, but even if you are right, it is still personal data about the employee. Personally I would have put it under mental health, but then that's majorly debatable.

I was the only person on here that actually looked at facts rather giving advice based on what they 'think'.

"Unless you have willingly given your employer permission to do so, they must not reveal your personal information to people who do not have a legitimate reason for seeing it. "

https://www.tuc.org.uk/sites/default/files/tuc/privacyatwork.pdf

I'm trained in GDPR for one (well, a little!), so feel less of a need to look up facts, espcially ones that aren't relevant.

And again, you are using subjective terms - 'legitimate reason'. And you mentioned sensitive data, which has a very specific meaning in GDPR (enhanced over just 'personal').

No point in sending OP down the wrong road.

Ozzuk · 29 August 2018 at 12:42PM

scd3scd4 wrote: »

Man, you sure have an elevated view of yourself. Maybe in the tin pop places you own or work for you will get away with it. HR at my places would tell ownly the most senior manager of that department maybe and you would be told to crack on.

Personal issues are nothing to do with you. That's why we employ a HR department. And if you went around telling others business. You would be in the office the next day asking to explain yourself after a grievance went in.

Person phones in with personal issues to HR, child is sick, depression, marriage break up, parent is dying.

HR informs, senior manager or department head. The rest downwards get told X is off you will need to cover the job until Y or we will inform you otherwise. And that's it. Try digging about or thinking you have a right to know........even phoning that person without permission and you better put a tin hat on.

Out of interest what act/law/policy are you basing that on? Just because that may happen in your company doesn't mean it happens everywhere. Unless there is something like a confidentiality agreement explicately agreed then as far as I know (but I do work in IT, not HR), HR can share pretty much any personnal information if they have justification.

sangie595 · 29 August 2018 at 4:30PM

Ozzuk wrote: »

Out of interest what act/law/policy are you basing that on? Just because that may happen in your company doesn't mean it happens everywhere. Unless there is something like a confidentiality agreement explicately agreed then as far as I know (but I do work in IT, not HR), HR can share pretty much any personnal information if they have justification.

In fact, I'm a bit astonished by the description anyway. Companies where the senior managers instruct you, without any explanation, and you just "crack on". Where the HR department deals with "personal issues". Managers not allowed to phone someone who isn't in work. I thought those sorts of places had mostly died out with the dinosaurs. That not a "modern " way of conducting business... It's a very old fashioned method, is "Mushroom farming"...