Data protection breach

cruais

Thanks for reply folks. Deleting thread now as question answered. If mods could please close it? Thank you.

Victor

cruais wrote: »

With regards to a private courier service, when delivering a letter to a house, I would assume the individual would need to sign for this letter once hand over is being done by the courier?

A courier will normally ask for a signature (not necessarily the individual), but would possibly just deliver it if nobody answers. They just might ask for instructions.

I am of the opinion that if it was hand delivered, it is then a breach of data protection as permission was not given for a manager to come to the employees house.

If the manager (legitimately) knew the person's address anyway, I'm not seeing a data protection breach. Simply showing up at someone's address is not a data protection breach.

If this is a serious matter, discuss it with your solicitor.

OMM 0000

cruais wrote: »

I am of the opinion that if it was hand delivered, it is then a breach of data protection as permission was not given for a manager to come to the employees house.

That sounds insane.

I admit I don't know a lot about this topic, but my common sense meter is going wild.

splinter65

cruais wrote: »

I am of the opinion that if it was hand delivered, it is then a breach of data protection as permission was not given for a manager to come to the employees house.
Many thanks.

What do you consider to be the breach of the data protection legislation specifically? Do you think that anyone who calls to your house without prior permission from you is breaking the law, or is it that you think that your employer has accessed your employee file, looked at your address and either hand delivered a letter himself or had someone else do it?

gwalk

The Mother in Law did a Data Protection breach at my house yesterday

she turned up at my house when I didn't invite her over

_Brian

So if it was a work related letter and your address was accessed relating to that then the data was accessed appropriately.
If the manager accessed the address at work and the used that data to execute a work related function like delivering a work letter, I can’t see how there would be a problem.

If it was a case your addres was accessed at work and you were receiving junk mail as a result you would have a case to argue.

ArthurG

Further evidence that the vast majority of people have no idea what they are talking about when it comes to GDPR. Data Protection has rapidly replaced 'Health & Safety' as a catch-all for raising vexatious complaints and/or not doing something.

And before you say you never consented to it, consent is only one of the mechanisms to allow legitimate processing of personal information.

wassie

cruais wrote: »

Hi folks
I am of the opinion that if it was hand delivered, it is then a breach of data protection as permission was not given for a manager to come to the employees house.

What exactly is the nature of the breach you have alleged to have occurred?
This is asked in the context of trying to provide you with assistance.

Without knowing more detail, generally an employee is required to provide their home address as part of a contract of employment. If formal correspondence is required to be sent to the employee from the employer, as part of that contractual relationship, it can be sent to the known address.

I don't see how the form of delivery constitutes a breach in undertaking such a task, hence the question.

harr

I highly doubt this is a breach as others have mentioned your manager needs access to your address for various reasons.
Hand delivery of a letter isn’t any different than writing your address on an envelope and posting it. Your manager probably wanted to make sure letter was delivered and received.
So no one had the excuse I didn’t get the letter.

_Brian

harr wrote: »

I highly doubt this is a breach as others have mentioned your manager needs access to your address for various reasons.
Hand delivery of a letter isn’t any different than writing your address on an envelope and posting it. Your manager probably wanted to make sure letter was delivered and received.
So no one had the excuse I didn’t get the letter.

He’s probably sick of people insisting the letter never arrived, you’d be amazed the amount of discipline related post that AnPost seem to loose, it’s mad.

John Mason

Absolutely GDPR breach

My work had this notion that we send cards to team members if they done well. (WTF!!)

But we need written consent from each person to agree to this. My file can only be accessed by me and the HR team. I would be livid if my personal address was given out to my manager and they just arrived at my door.

wassie

_Brian wrote: »

He’s probably sick of people insisting the letter never arrived, you’d be amazed the amount of discipline related post that AnPost seem to loose, it’s mad.

Wouldn't be anywhere near the number of fixed charge notices that go astray!

_Brian

John Mason wrote: »

Absolutely GDPR breach

My work had this notion that we send cards to team members if they done well. (WTF!!)

But we need written consent from each person to agree to this. My file can only be accessed by me and the HR team. I would be livid if my personal address was given out to my manager and they just arrived at my door.

So, accessing data to send a non essential frivolous card would be a gdpr breach.

However, data collected legitimately for operation of tue business can indeed be accessed to execute relevant functions of the business.

Put simply the employee gave their home address so the company could use it for corresponding with them. The company then used that information to correspond with the employee.

The company may not have a HR function and in such cases the direct manager fulfills this role.

I have never managed in a company where as a manager I didn’t have access to the employees file.

_Brian

I often have couriers drop stuff both at home and in the office, you’d be surprised at how many drop without bothering with the signature. More than 50% I’d say.

Jimbob1977

GDPR is an excessive piece of legislation.

It has tied companies and employees up in knots. It has made people into cranks and fuss pots.

Of course I don't want my payslip being emailed to the entire company, but there was already data protection legislation.

If I'm handling nuclear codes or top-secret state information, perhaps it's a good idea.

Supermacs were obliged to text me for Opt In/Opt Out consent when GDPR went live.... because I once ordered a takeaway!! What a waste of their time and my time.

The Chicago Tribune website is unavailable in Europe because they don't have the funding or inclination to comply. It's locked down.

skallywag

I received a letter at home from my company last week, it was to invite the kids of employees to an open day where they would be fed, watered and generally entertained.

How dare they have the gall to send me a letter to my home address like that. I never consented. etc. :rolleyes:

It genuinely amazes me how some folk think that all logic and common sense can be just swept under some class of GDPR carpet.

I really do not see what the OP is angling towards here, apart from being awkward just for the sake of being awkward. What if the letter had been left on the desk at work, would it all be fine then?

_Brian

Being awkward for the sake of it usually marks your card at work.

I’ve seen promotions and pay rises knocked back by senior managers because the employee has acted like a baby over something similar to this.

neris

Ive hand delivered a disciplinary letter to a staffs home before and they signed for it and were no problems

ANXIOUS

John Mason wrote: »

Absolutely GDPR breach

My work had this notion that we send cards to team members if they done well. (WTF!!)

But we need written consent from each person to agree to this. My file can only be accessed by me and the HR team. I would be livid if my personal address was given out to my manager and they just arrived at my door.

Can you please quote the relevant section of the "absolutely GDPR breach"?

Jim2007

John Mason wrote: »

Absolutely GDPR breach

My work had this notion that we send cards to team members if they done well. (WTF!!)

But we need written consent from each person to agree to this. My file can only be accessed by me and the HR team. I would be livid if my personal address was given out to my manager and they just arrived at my door.

You’d do well to the read up on the topic then and discover just how wrong you are!

Mrs OBumble

John Mason wrote: »

. My file can only be accessed by me and the HR team. I would be livid if my personal address was given out to my manager and they just arrived at my door.

What utter nonsense.

Your manager has primary responsibility for your relationship with the company.

HR exist only to support your manager.

dartboardio

Hahahaha

Right yeah some GDPR breach that is your employer accessing your address on the computer you typed the details into and gave to them.

Some breach that.