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Using data protection act for a work query

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  • 15-07-2013 8:30pm
    #1
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭


    I'm trying to get a document from my employer where it supposedly says I'm not entitled to something, they keep fobbing me off with statements like "we reviewed the document ourselves and you are not entitled it"
    Can I use the freedom of information act to get this supposed document?


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    #2
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    I'd start here and see if you think it applies.
    http://foi.gov.ie/short-guide-to-the-foi-acts/

    Also, maybe think about whether it's worth the hassle and whether it's the best way to go about resolving your issue.


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    #3
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Eoin wrote: »
    I'd start here and see if you think it applies.
    http://foi.gov.ie/short-guide-to-the-foi-acts/

    Also, maybe think about whether it's worth the hassle and whether it's the best way to go about resolving your issue.

    Thanks, I'll email them...as for work, they won't give me the info I requested numerous times!


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    #4
    Irish_Elect_Eng
    Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Is the document a company specific document? Like a procedure or Policy Document? Or is it some form of information containing your data like pay records or tax returns?

    Some more information would be helpful in providing a answer.


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    #5
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    Freedom of info request is for requesting info held by public bodies such as a government department or HSE.


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    #6
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    chris85 wrote: »
    Freedom of info request is for requesting info held by public bodies such as a government department or HSE.

    No its not, it can be used for any company or body that retains info on you.


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    #7
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Doom wrote: »
    No its not, it can be used for any company or body that retains info on you.

    You might be thinking of the Data Protection Act, which is different to FOI requests.


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    #8
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Irish_Elect_Eng wrote: »
    Is the document a company specific document? Like a procedure or Policy Document? Or is it some form of information containing your data like pay records or tax returns?

    Some more information would be helpful in providing a answer.

    I suppose it could be a policy doc with certain criteria on it, which is supposed to outline a certain exclusion of employee. ..which is me


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    #9
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Eoin wrote: »
    You might be thinking of the Data Protection Act, which is different to FOI requests.

    Ah....yes, sorry people it is in fact a data protection act request type enquiry not a FOI


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    #10
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Doom wrote: »
    Ah....yes, sorry people it is in fact a data protection act request type enquiry not a FOI

    It's only applicable in terms of data protection if they have specific information personal to you in the document you are seeking access to


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    #11
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    Doom wrote: »
    I suppose it could be a policy doc with certain criteria on it, which is supposed to outline a certain exclusion of employee. ..which is me

    Unless this document has your personal information on it I dont see how you can request via the data protection act. You are entitled to request any info which they hold on you. This document is not info about you but rather a document outlining company policy. You may not be entitled to view this.


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    #12
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Doom wrote: »
    Ah....yes, sorry people it is in fact a data protection act request type enquiry not a FOI

    Forgetting about the terminology for a second - there's most likely an underlying issue between you and your employer if you're looking to go down this route. Are you sure you're trying to address the right problems at work?


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    #13
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    I think the only way to get access to this document is to raise a grievance. However as others advised, be careful about this.


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    #14
    Irish_Elect_Eng
    Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Doom wrote: »
    I suppose it could be a policy doc with certain criteria on it, which is supposed to outline a certain exclusion of employee. ..which is me

    Ok, I would think that you were entitled to a copy of any documented work policy that forms part of your contract of work, for example disciplinary policy or holiday policy.... But I doubt that either FOI or DP Acts apply.


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    #15
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    I requested a doc which supposedly excludes me from a deal done with some other employees, I want to view this doc and verify that it does have this exclusion in it....I suspect that it does not..HR have given me the run around for months, but never have given me the proof!!


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    #16
    Irish_Elect_Eng
    Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    If the document that you refer to is an employment contract between the company and other employees, I am not surprised that they would be slow in sharing it.

    Have you approached the other employees? Or the person that negotiated for them, they may have a copy of the document that they would be willing to share.


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    #17
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Doom wrote: »
    I requested a doc which supposedly excludes me from a deal done with some other employees, I want to view this doc and verify that it does have this exclusion in it....I suspect that it does not..HR have given me the run around for months, but never have given me the proof!!

    If it forms part of a contract between the employer and other employees then you are not entitled to it. What you are effectively asking for is the same as asking to find out what other people are earning for example.

    If you feel you are bending discriminated then you can raise a case but you need some firm of proof such as information shared. You cannot require them to furnish documentation based on your hunch or suspicion.


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