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  • FIRST POST
    • prowla
    • By prowla 10th Aug 18, 3:05 PM
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    prowla
    GDPR - Right to be forgotten
    • #1
    • 10th Aug 18, 3:05 PM
    GDPR - Right to be forgotten 10th Aug 18 at 3:05 PM
    I've been wondering about GDPR and the Right to be forgotten if you leave an employment...


    If you withdraw your consent for the company to retain your information under GDPR, must all information about you be removed or are there some items of information which the employer must retain?
Page 2
    • surreysaver
    • By surreysaver 10th Aug 18, 9:00 PM
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    surreysaver
    The right to be forgotten is not absolute. If a company has a legal basis to process information then they can.
    The company does not need your consent to process personal data if there is another legal basis under which they can process it. Therefore there is no consent that you can withdraw. This is how the NHS gets away with sharing patients' personal data without consent.
    I consider myself to be a male feminist. Is that allowed?
    • prowla
    • By prowla 10th Aug 18, 9:49 PM
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    prowla
    Why do you want to be forgotten by your ex employer?
    Originally posted by Gavin83
    I didn't say I did; I was just thinking about things in general.
    • Savvy_Sue
    • By Savvy_Sue 11th Aug 18, 2:23 AM
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    Savvy_Sue
    Why do you want to be forgotten by your ex employer?
    Originally posted by Gavin83
    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.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
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    • unforeseen
    • By unforeseen 11th Aug 18, 7:17 AM
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    unforeseen
    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
    • By Doshwaster 11th Aug 18, 8:59 AM
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    Doshwaster
    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".
    Originally posted by sangie595
    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
    • By prowla 11th Aug 18, 10:29 AM
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    prowla
    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.
    Originally posted by unforeseen
    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
    • By prowla 11th Aug 18, 10:33 AM
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    prowla
    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.
    Originally posted by Savvy_Sue
    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
    • By xapprenticex 11th Aug 18, 11:03 AM
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    xapprenticex
    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
    • By Undervalued 11th Aug 18, 11:03 AM
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    Undervalued
    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?
    Originally posted by prowla
    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
    • By Doshwaster 11th Aug 18, 1:28 PM
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    Doshwaster
    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?
    Originally posted by xapprenticex
    You can get computers to delete data but you can't make people forget about you.
    • Gavin83
    • By Gavin83 11th Aug 18, 2:52 PM
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    Gavin83
    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?
    Originally posted by prowla
    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.
    • Savvy_Sue
    • By Savvy_Sue 11th Aug 18, 3:33 PM
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    Savvy_Sue
    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?
    Originally posted by xapprenticex
    The best you can hope for is a policy of only providing dates of employment, unless you can negotiate an agreed neutral reference.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • getmore4less
    • By getmore4less 11th Aug 18, 3:46 PM
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    getmore4less
    If you read the guidance and legislation most of these basic questions are covered.

    If you expect to be forgotten forget it there will be so much that a company won't even know they have recorded or distributed they won't know they need to delete it or follow the regulations that apply to distribution.
    • prowla
    • By prowla 11th Aug 18, 5:39 PM
    • 10,086 Posts
    • 8,305 Thanks
    prowla
    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?
    Originally posted by xapprenticex
    Well, that is certainly one possible scenario.


    On the flipside, it could also be the company not removing you from contact information after you've left.
    • Gavin83
    • By Gavin83 11th Aug 18, 8:06 PM
    • 5,371 Posts
    • 8,881 Thanks
    Gavin83
    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?
    Originally posted by xapprenticex
    I'm not sure that'll make a difference. If (and it's a big if) you can get them to forget you enough not to provide a negative reference then instead they won't provide a reference at all. Most companies consider no reference on the same level as a bad reference, rightly or wrongly so frankly you're no better off.

    If this is the reason to be forgotten by an employer it's not worth the effort of requesting.

    This also ignores businesses who have to provide a reference by law. In that case you'll definitely have no right to be forgotten.
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