HR department of prospective employer shared my application with current employer

Kevhog1988

Hi guys,

i am in a fairly specialised industry and there has been significant movement of field staff from a competitor to the company i work for over the past number of months. I had applied for a role in the competitor company a few months ago and had some brief email conversations with a hr officer that never went anywhere. Today i was approached by my manager about this and asked why i had applied etc. It turns out the competitor company went to a mutual client and started complaining of the company i currently work for poaching staff. When they were then told they had contacted another member of my team last week the hr officer then maintained she had only contacted me after i had applied.

Im now sitting in work with everyone looking at me as if ive done something wrong. Is there anything that i can do to make a complaint about the hr officer who shared my details.

Diziet

I would have thought this in violation of GDPR? You did not give permission for your data to be shared.

Kevhog1988

Diziet wrote: »

I would have thought this in violation of GDPR? You did not give permission for your data to be shared.

Exactly, i would like to read the law surrounding this

Diziet

Start here: https://www.citizensinformation.ie/en/government_in_ireland/data_protection/overview_of_general_data_protection_regulation.html

skallywag

I agree with you that it was very poor form, perhaps even illegal, although I am not certain of that.

That said, when one works in a tightly knit industry such incidents are very common in my own experience.

It has often made it back to me that a team member has done an interview elsewhere, through one channel or another. People always talk (replace talk with gossip you wish).

Mind you, I would never have approached said person and said 'I hear you applied to x y z'. That just sounds bizarre.

Kevhog1988

skallywag wrote: »

I agree with you that it was very poor form, perhaps even illegal, although I am not certain of that.

That said, when one works in a tightly knit industry such incidents are very common in my own experience.

It has often made it back to me that a team member has done an interview elsewhere, through one channel or another. People always talk (replace talk with gossip you wish).

Mind you, I would never have approached said person and said 'I hear you applied to x y z'. That just sounds bizarre.

It was done as the client had approached them about poaching the other companys staff and an argument erupted between both companys

strandroad

theemigrant wrote: »

Im now sitting in work with everyone looking at me as if ive done something wrong. Is there anything that i can do to make a complaint about the hr officer who shared my details.

This is a GDPR breach 100%, so you can use these channels if you wish.
You could also report it to the other company as unprofessional behaviour and breach of confidentiality by whoever divulged it. They are more than likely to have a confidentiality guidelines clause in their contract that they have now broken. You are not going to gain anything personally by doing it though, you will only (hopefully) prevent it from happening to someone else.

seamus

There are two GDPR violations here - the other company's HR department and the client. Neither of whom should have shared the information.

I'd probably leave the client alone if you want to keep your job. But if you're going to be fired anyway, I'd take a case against both of them for loss of earnings and reputational damage (loss of future earnings, given it's a niche area).

I'd definitely make a complaint to the other company in any case. Report the violation to the DPC and CC the company's GDPR officer (and the CEO if it's a small company).

Mango Joe

I'd be furious OP - There are supposed professional people.

They deserve appropriate sanction for their carelessness, thoughtlessness, ignorance and gross stupidity.

Jim2007

strandroad wrote: »

This is a GDPR breach 100%, so you can use these channels if you wish[
/QUOTE]

Really, so which bit of the OPs personal data that is covered by GDPR was disclosed then?

skallywag

That also occurred to me.

Is it really a GDPR breach to say that someone went for an interview at place X? I do not think so.

strandroad

Jim2007 wrote: »

Really, so which bit of the OPs personal data that is covered by GDPR was disclosed then?

Their name alone is personal data under GDPR. Any piece or combination of pieces of information potentially identifying a person qualifies as personal data for this purpose.

colm_mcm

strandroad wrote: »

Their name alone is personal data under GDPR. Any piece or combination of pieces of information potentially identifying a person qualifies as personal data for this purpose.

I think they already know their employees name.

strandroad

skallywag wrote: »

That also occurred to me.

Is it really a GDPR breach to say that someone went for an interview at place X? I do not think so.

Most definitely it is.
The other company (aka data controller) acquired OP's (aka data subject's) details such as their name and current employer (aka personal data) for the purpose of a potential recruitment process. All legit so far.

They have a duty to only use this data for stated purpose i.e. recruitment, do not share it with any third parties without asking for and obtaining data subject's further consent, and safeguard it against any breaches. The moment OP's identity was shared with a third party GDPR was breached.

strandroad

colm_mcm wrote: »

I think they already know their employees name.

It doesn't matter; now they know him as an applicant to the other company which is a breach of the process.

Even if he is Brian O'Driscoll and everyone knows him, it is still a breach for a business he deals with to release his name without his consent.

The_Honeybadger

Definitely a breach of GDPR but I can’t really see what you’d gain from reporting it apart from dragging the whole thing out. I’d let it blow over personally unless you get fired for it.

I work in a relatively tight industry too and when I went for the job interview for my current job my ex employer found out and said it to me as well. I never even asked who told her as it could have been any of a number of people. People love a bit of gossip.

Jim2007

strandroad wrote: »

Their name alone is personal data under GDPR. Any piece or combination of pieces of information potentially identifying a person qualifies as personal data for this purpose.

No the case, try again.

Sharp MZ700

Who is looking at you sideways OP? If by what you say half of them have moved from the other company to the present one then they would have been in your shoes at some stage anyway so let them look.
You've done nothing wrong, if anything it helps you make your mind up about a possible relocate to the competing company. Keep track of what happened and play the long game, it'll come in handy at some stage.

strandroad

Jim2007 wrote: »

No the case, try again.

You are mistaken, please refer to GDPR documentation.
You might be thinking of "sensitive personal data" category, which OP's name is not, but it definitely meets the criteria of regular personal data.

Kevhog1988

Hi all,

I messaged the hr officer on linked-in and advised how shocked and disappointed i was at the fact they had disclosed my application etc. She denied that she had forwarded them even though i have physically seen the emails. I spoke to my manager about it and he advised that as the industry is small i shouldn't make too many waves as it could affect me further down the line if i ever moved. I am awaiting any mention of it from HR as i would be expecting them to try and keep me in the current role and maybe to ask why i was thinking of leaving. I had expected the manager to say something but he avoids them conversations at all costs.

Mrs OBumble

Your manager's advice is sound.

A lot of the talk in this thread may get you some short term legal satisfaction, but you will need to change industries if you want a career afterwards.


It's very silly of HR to do it in writing.

But in general you should assume that in a small industry, word of your applications will get to your current employer, at least informally.

Metroid diorteM

Mrs OBumble wrote: »

Your manager's advice is sound.

A lot of the talk in this thread may get you some short term legal satisfaction, but you will need to change industries if you want a career afterwards.


It's very silly of HR to do it in writing.

But in general you should assume that in a small industry, word of your applications will get to your current employer, at least informally.

Workers should assume breaches of confidentiality? This crap shouldn’t be tolerated nor excused. If HR staff can’t do their job they should be fired.

Lux23

How thick must be that HR person be?

skallywag

Metroid diorteM wrote: »

This crap shouldn’t be tolerated nor excused.

I agree with you completely.

Bumble is completely right though in my own experience, in tightly knit industries word does most certainly get around, irrespective of the fact that it's completely unethical and to a point illegal. You need to be pragmatic though and assume it is going to happen to certain extent.

It is not always HR related leaks either, it can be as simple as someone recognizing you on the shop floor as you walk to an interview room, etc, and word getting out that way.