GDPR - Right to be forgotten

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  • prowla
    prowla Posts: 13,162 Forumite
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    Gavin83 wrote: »
    Why do you want to be forgotten by your ex employer?
    I didn't say I did; I was just thinking about things in general.
  • Savvy_Sue
    Savvy_Sue Posts: 46,021 Forumite
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    Gavin83 wrote: »
    Why do you want to be forgotten by your ex employer?
    We have had people ask to be removed from our records as soon as they leave. So they come off one database, we won't contact them or anything, but we have to keep some employment records so anyone doing payroll would still be able to 'find' them.
    Signature removed for peace of mind
  • unforeseen
    unforeseen Posts: 7,280 Forumite
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    I can well imagine a scenario of somebody going for a job and when the prospective employer tries to get references then the old employer(s) just respond with 'we have no record of this person working for us'

    That is the point where you realise that insisting on your right to be forgotten was not such a good idea.
  • Doshwaster
    Doshwaster Posts: 6,136 Forumite
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    sangie595 wrote: »
    Gosh. Your employers are terribly trusting. Given the possibly of a discrimination or liability claim, I doubt a court will go for "we destroy most medical records as soon as someone leaves".

    That was my wording not theirs and a just a quick summary of a lot of text on what medical data would be retained and why. Maybe "most" was an exaggeration. It's actually the most detailed privacy policy I have ever seen.

    The data which is deleted immediately included matters such as allergies and dietary requirements as they had no need for it any longer but information covering disabilities would be kept in case it was needed for any future discrimination claim.
  • prowla
    prowla Posts: 13,162 Forumite
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    unforeseen wrote: »
    I can well imagine a scenario of somebody going for a job and when the prospective employer tries to get references then the old employer(s) just respond with 'we have no record of this person working for us'

    That is the point where you realise that insisting on your right to be forgotten was not such a good idea.
    And that is part of the question: what info is required to be kept?


    Some employers only give a reference stating "Person X worked here from date A to date B." anyway.
  • prowla
    prowla Posts: 13,162 Forumite
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    Savvy_Sue wrote: »
    We have had people ask to be removed from our records as soon as they leave. So they come off one database, we won't contact them or anything, but we have to keep some employment records so anyone doing payroll would still be able to 'find' them.
    Yes - I would imagine that some info is required to be kept.


    But what about names on documents, customer engagements, email records, annual appraisals, file ownership, file access history, and other data which is held on company systems?
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    Basically the question is, if i !!!! up at work and get sacked for gross misconduct or something, can i get them to forgeddaboutit and avoid a negative reference should i find further employment?
  • Undervalued
    Undervalued Posts: 8,852 Forumite
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    prowla wrote: »
    Yes - I would imagine that some info is required to be kept.


    But what about names on documents, customer engagements, email records, annual appraisals, file ownership, file access history, and other data which is held on company systems?

    I imagine some of this this will gradually get clarified through case law.

    The problem is that in an individual case it is very difficult to verify what has been retained. Realistically the ICO cannot raid an employer and examine their systems each time there is a complaint. OK, if a company ignores a lawful request to delete information they could get caught out if they later try and make use of it. If that were to happen then the ICO could and probably would impose a fine but that is after the event.

    Realistically it is one of quite a number of laws in this country that are often not enforced. For example we currently have an issue with damaged verges due to parking. Technically it is not an offence to park on the verge in most areas, unless there is a specific bylaw. However it is an offence to drive a vehicle on the footway (fine of up to £1000 plus 3 points!) but you try getting that enforced!
  • Doshwaster
    Doshwaster Posts: 6,136 Forumite
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    xapprenticex wrote: »
    Basically the question is, if i !!!! up at work and get sacked for gross misconduct or something, can i get them to forgeddaboutit and avoid a negative reference should i find further employment?

    You can get computers to delete data but you can't make people forget about you.
  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    prowla wrote: »
    Yes - I would imagine that some info is required to be kept.


    But what about names on documents, customer engagements, email records, annual appraisals, file ownership, file access history, and other data which is held on company systems?

    I'd imagine a lot of that will be considered company property and not personal data and therefore won't be deleted. However it's unproven so nothing but theory at the moment.
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