How can I prove this breach of confidentiality?

BB78

Couldn't decide if I should post this in employment or motoring but I need advice on proving a breach in the Data Protection Act.

I'm in dispute with the company I have worked for for 4 years and have raised a claim at Tribunal for disability discrimination and failure to make reasonable adjustments. All of this is in hand but in an attempt to make me resign and to be vindictive my employer has informed DVLA I have a medical condition.
I know it is them because they wanted to ask my GP about my fitness to drive in the medical report they finally requested and they asked again when I was referred to occupational health.
I don't drive as part of my job, I don't have a company car, I'm not on the company insurance and am not in company time when I drive to and from work in my own car (which is taxed & insured correctly) so my fitness to drive is none of their business and believe me they haven’t done it because they care!! They think without my car I won't be able to get to work so would be forced to resign, little do they realise I am entitled to help from Access to Work!!
But I digress...

By disclosing my personal information to DVLA without my consent they have breached the Data Protection Act but the onus is on me to prove it was them. I have tried asking DVLA who informed them but they keep telling me the information is confidential.

Far too long a story to go into detail but getting proof would really add to my case against my employer. I know I can request copies of details DVLA hold on me under the Data Protection Act but this doesn't seem to cover me for getting information that was provided to them by a third party and I think they are using section 41 of the Freedom of Information Act not to reveal the information I need.

Can they withhold information about me that was given to them by a third party when that third party didn't have consent to disclose that information in the first place?

The Data Protection Act has been breached but I've got to prove it, my company aren't going to admit to it and the Freedom of Information Act seems to be protecting my employer who has done wrong!! :mad:


(Just before anyone replies that by law I have to tell DVLA, I know. I didn't know my condition was notifiable, my Doctor and Consultant have never told me I shouldn't drive and my condition has never affected my ability to drive.
Its not nice knowing I am working for an employer that can’t abide by the law and who doesn't keep personal information confidential and I really want to prove what they have done.)

C_Ronaldo

I dont know what to say apart from i hope you get it sorted, have you by any chance tried searching on the internet for help(i dont know what help mind)

BB78

C_Ronaldo wrote: »

I dont know what to say apart from i hope you get it sorted, have you by any chance tried searching on the internet for help(i dont know what help mind)

Spent all day going round in circles but nothing specific enough to help me

lynnexxxo

IMHO (ie i don't know for sure and will stand corrected) but..

isn't there some rule/law that prevents you from finding out who told the DVLA - I was just thinking along the lines of if you inform of someone falsely claiming benefits they will not be able to find out who told on them. I think it might be the same thing with the DVLA - you can report someone who is drving illegally without the risk of come back.

I don't know for sure - i may just be rambling. good luck in sorting it out, it sounds like a real sneaky underhand thing for your employer to do.

Just wondering if he emailed it is there anyway you could sneak onto his computer and check his sent items?

headoutthesand

have you tried CAB

BB78

lynnexxxo wrote: »

IMHO (ie i don't know for sure and will stand corrected) but..

isn't there some rule/law that prevents you from finding out who told the DVLA - I was just thinking along the lines of if you inform of someone falsely claiming benefits they will not be able to find out who told on them. I think it might be the same thing with the DVLA - you can report someone who is drving illegally without the risk of come back.

I think that is where section 41 of the Freedom of Information Act comes into it, info given in confidence is only revealed under certain circumstances but that's where my question comes in; can they withhold info given to them if the person that gave it to them had a responsability to keep it confidential in the first place and aren't allowed to disclose it without obtaining written consent?

Under normal circumstances you should/would be free from come back but what about when you've done wrong in the first place by reporting someone/something?
I know its not the same but its the only way I can explain what I am thinking... a Priest can't tell the Police if a crime is confessed, he can only encourage the person to go to the police, if he breaks the seal of confession he expects come back.

lynnexxxo wrote: »

Just wondering if he emailed it is there anyway you could sneak onto his computer and check his sent items?

Knowing the company I think they have sent it as a letter and it would have been on headed paper. I've managed to get a letter from them saying they won't and haven't disclosed my medical information to any third parties so assuming its a letter if I could get a copy not only have I got them for breaching the Data Protection Act but I've caught them lying! Unfortunately I'm still off work (8 months and counting!) because they haven't put reasonably adjustments into place, I haven't got the password for the PC it would be on, if they have been stupid enough to have put a copy on my file I can't get in the Personnel office because of CCTV and don't know any hackers!

BB78

I did find something on the internet that said information is only treated as being given in confidence if it actually says its in confidence and I think it was in relation to section 41 of the Freedom of Information Act (FOIA).
I can't see anywhere on the DVLA website or anywhere else where they state that any information they receive will be treated as confidential.

Probably got the wrong end of the stick but does anyone know if I am on to something with this - if the company did send a letter and didn't ask for the info to be treated as confidential and DVLA don't "advertise" anywhere that info received is treated as confidential, does this mean I can I ask for and should be given a copy of the letter under the Data Protection Act or Freedom of Information Act or both??

Or to simplify the whole post: does anyone know anyway of getting DVLA to tell me who told them about my medical condition or give me a copy of any letter/document they received?

Conor_3

BB78 wrote: »

(Just before anyone replies that by law I have to tell DVLA, I know. I didn't know my condition was notifiable, my Doctor and Consultant have never told me I shouldn't drive and my condition has never affected my ability to drive.
Its not nice knowing I am working for an employer that can’t abide by the law and who doesn't keep personal information confidential and I really want to prove what they have done.)

Well it's rich harping on about people not abiding the law when you haven't by not notifying DVLA of a notifiable condition. The first thing you should have done when diagnosed is check if it was notifiable.

People in glass houses....

They have a duty to inform the relevent agency if they think the law is being broken.

Conor_3

BB78 wrote: »

Or to simplify the whole post: does anyone know anyway of getting DVLA to tell me who told them about my medical condition or give me a copy of any letter/document they received?

Not a chance. I take it you shouldn't be driving because of this condition then?

BB78

Conor wrote: »

Well it's rich harping on about people not abiding the law when you haven't by not notifying DVLA of a notifiable condition. The first thing you should have done when diagnosed is check if it was notifiable.

As stated in my original post I haven't been told I am not fit to drive by my GP or my Consultant so why would I check to see if I have to tell DVLA?
The only people I knew I had to tell was my insurance company, which I did and was covered.

Conor wrote: »

They have a duty to inform the relevent agency if they think the law is being broken.

Do you have a reference source for this? Because everything I have found and been told so far is that your employer is not allowed to disclose any personal information they hold about you to any third party without obtaining written consent. They are subject to strict rules governing race, religeon, health and a couple of other areas.

Would you be happy if something you have to tell your employer was passed on to someone else without your knowledge or consent?

BB78

Conor wrote: »

Not a chance. I take it you shouldn't be driving because of this condition then?

Wrong!! My condition is controlled by medication and I meet the health standards required to hold a full driving licence.


Its a very long story and one I can't go into, but my employer is being underhand and has made my life a misery since falling ill, I want proof of all of their wrong doings to hit them with because they deserve everything get!