"breach of data protection at work" - help needed please!!
Discussion
Hi all, need some help from someone who is familiar with the legalities of "breach of data protection at work"
The shortened version of what lead up to this situation is as follows.
Wife works in a medium sized dental practice as a dental nurse. Over a few weeks she noticed that money was going missing from her bag when left in the staff room. At first she thought it was her mistake but after a few times she was sure it was happening there. To make sure we marked some notes, she set the bag up one morning and at lunchtime a note was missing. Only two people had access to the bag that morning, a fully qualified dentist with plenty to lose and a trainee dental nurse on a government scheme that had only been there a couple of months. The trainee went to lunch before the missing note was noticed so no physical evidence, but she stole it, no question.
When my wife noticed the note was missing she was in a bit of a state and rang me. I asked her for the girl's mobile number and she gave it to me from a list they have on the reception desk. My wife already had the number stored in her mobile anyway but didn't know how to access it whilst talking to me on it, so she read it off the list on the reception wall in front of a witness. My wife has no proof she had it before, has never rung/texted her before. I didn't use the mobile number and later rang the girl on the practice phone when she returned, I told her we knew she took the money and if she put it back the matter would end there. She denied all knowledge and went into drama mode with plenty of shouting and crying thrown in. She has since left for reasons unknown to my wife.
My wife has now had a disciplinary for "breach of data protection at work" for handing over the phone number. The result of which it she has been given "a first written warning under the second stage of the Practice’s Disciplinary Procedure" which stays on her record for 6 months. She has worked in that place for 3 years but I want her out of there and I don't want anything on her employment record for that reason.
So my question to anyone who knows about this stuff is, has she breached data protection at work?
Sorry to drag this on but I think all the above is relevant, any input very welcome as I am very reluctant to let this go.
The shortened version of what lead up to this situation is as follows.
Wife works in a medium sized dental practice as a dental nurse. Over a few weeks she noticed that money was going missing from her bag when left in the staff room. At first she thought it was her mistake but after a few times she was sure it was happening there. To make sure we marked some notes, she set the bag up one morning and at lunchtime a note was missing. Only two people had access to the bag that morning, a fully qualified dentist with plenty to lose and a trainee dental nurse on a government scheme that had only been there a couple of months. The trainee went to lunch before the missing note was noticed so no physical evidence, but she stole it, no question.
When my wife noticed the note was missing she was in a bit of a state and rang me. I asked her for the girl's mobile number and she gave it to me from a list they have on the reception desk. My wife already had the number stored in her mobile anyway but didn't know how to access it whilst talking to me on it, so she read it off the list on the reception wall in front of a witness. My wife has no proof she had it before, has never rung/texted her before. I didn't use the mobile number and later rang the girl on the practice phone when she returned, I told her we knew she took the money and if she put it back the matter would end there. She denied all knowledge and went into drama mode with plenty of shouting and crying thrown in. She has since left for reasons unknown to my wife.
My wife has now had a disciplinary for "breach of data protection at work" for handing over the phone number. The result of which it she has been given "a first written warning under the second stage of the Practice’s Disciplinary Procedure" which stays on her record for 6 months. She has worked in that place for 3 years but I want her out of there and I don't want anything on her employment record for that reason.
So my question to anyone who knows about this stuff is, has she breached data protection at work?
Sorry to drag this on but I think all the above is relevant, any input very welcome as I am very reluctant to let this go.
Edited by Daz1855 on Tuesday 15th October 22:32
Possibly. Personal data being held by anyone must only be used for the reason it is being held unless they have the express permission of the individual to whom the data is about. Your wife might want to seek advice from the GDC, her dental union if a member or her medical indemnity insurer if she has it for further advice and support.
With hindsight this is one of those 2 wrongs don't make a right scenario. In terms of disciplinary procedure do not get hung up about the data protection angle. The fact of the matter is data obtained at work was used for non work purposes and was not authorised for such use. She had access to personal contact details and has free access to other confidential information and took it outside of work and misused it. If I was the HR rep in this situation a first formal written warning would be a fair to harsh outcome. The knowing misue of the phone number may cause the employer to question her integrity and trustworthiness. Obviously the irony to some extent is strong here given the initial objective and situation. Unfortunately, it does show how 'good' intentions can have unexpected and bad consequences if not thought through properly.
edc said:
The fact of the matter is data obtained at work was used for non work purposes and was not authorised for such use. She had access to personal contact details and has free access to other confidential information and took it outside of work and misused it. If I was the HR rep in this situation a first formal written warning would be a fair to harsh outcome.
Thanks for your thoughts on this, I realise we could have dealt with this better but in the heat of the moment on the day ..............Just for clarification my wife already had this girl's mobile number, she had given it to her to meet up socially at some point.
However, when my wife gave it to me, rather than get it off her own mobile (because she was on the call to me) for convenience she read it off the list on the wall in reception. So in that situation could it not be argued that she shared her own information rather than information gained from the practice?
Someone suggested to me that under Section 36 of the Data Protection Act 1998 that made a difference, was hoping to have that confirmed/denied by someone???
When she suspected that money was going missing she should have reported it to her employer and left it to them to deal with it, getting you to make a phone call to another member of staff accusing her of theft is a completely unacceptable way of handling it.
Obviously the employer can't discipline you but it is of no surprise to me that they disciplined her and really there is nothing you can do about it other than follow the disciplinary process and appeal. But it would be a big surprise if that appeal succeeded, let's face it, giving you the number to call this person was a crazy way of handling the problem.
Obviously the employer can't discipline you but it is of no surprise to me that they disciplined her and really there is nothing you can do about it other than follow the disciplinary process and appeal. But it would be a big surprise if that appeal succeeded, let's face it, giving you the number to call this person was a crazy way of handling the problem.
hidetheelephants said:
How is something displayed on a wall in a public area in any way subject to the DPA? Does not compute; if anything it's the company who have a DP issue(public display of protected information), not the wife.
Exactly what I was going to say.Re your wife's phone - is it an iPhone and if so, do you have backups on a computer at home anywhere? That may prove that your wife already had the number stored? Just a thought.
'She has worked in that place for 3 years but I want her out of there and I don't want anything on her employment record for that reason.'
For what reason? What is it you want to gain from making an issue of this? If she will be leaving the practice then it really doesn't matter that this is on her record there. To be honest, although the whole thing is a regrettable and uncomfortable situation that could have been handled better by both you, your wife and her employer I would advise her to take it on the chin and move on.....
For what reason? What is it you want to gain from making an issue of this? If she will be leaving the practice then it really doesn't matter that this is on her record there. To be honest, although the whole thing is a regrettable and uncomfortable situation that could have been handled better by both you, your wife and her employer I would advise her to take it on the chin and move on.....
pincher said:
hidetheelephants said:
How is something displayed on a wall in a public area in any way subject to the DPA? Does not compute; if anything it's the company who have a DP issue(public display of protected information), not the wife.
Exactly what I was going to say.Jonnas said:
'She has worked in that place for 3 years but I want her out of there and I don't want anything on her employment record for that reason.'
For what reason? What is it you want to gain from making an issue of this? If she will be leaving the practice then it really doesn't matter that this is on her record there.
I was thinking from the point of view of any references, surely if it is on record and not expired it will come up, no?For what reason? What is it you want to gain from making an issue of this? If she will be leaving the practice then it really doesn't matter that this is on her record there.
Siscar said:
..................giving you the number to call this person was a crazy way of handling the problem.
Yes I think we have all worked out it was the wrong thing to do ............. after the event, sometimes people make mistakes.The object of the excercise here is to take the least amount of heat to get past it and move on, rather than just accept whatever comes her way without questioning it.
This may sound harsh but it is a First Written warning it is no where really on the disciplinary route provided she is a good employee and hasn't pissed anyone off enough to gun for her it will blow over. If she was given the mobile number previously I would argue that it isn't a breach but that's something to keep for explaining in any interviews for other jobs (something along the lines of yeah a silly miss understanding I passed the contact details for a colleague on to my husband but read them off the phonlist not my contact list)
It may be worth double checking if they are on facebook a hell of a lot of youngsters have all their contact details on-line and unhidden.
It may be worth double checking if they are on facebook a hell of a lot of youngsters have all their contact details on-line and unhidden.
pincher said:
Re your wife's phone - is it an iPhone and if so, do you have backups on a computer at home anywhere? That may prove that your wife already had the number stored? Just a thought.
She did have it, they were going to meet up outside work etc, but her employers are not interested in that.Hence the Section 36 question.
Engineer1 said:
It may be worth double checking if they are on facebook a hell of a lot of youngsters have all their contact details on-line and unhidden.
Fair point but I dare say her employers wouldn't be interested in that either, it is about her handing it over to me.I didn't even ring it in the end and they know that because they asked the girl, I rang her on the practice phone, but again that isn't the point.
Daz1855 said:
Hi all, need some help from someone who is familiar with the legalities of "breach of data protection at work"
The shortened version of what lead up to this situation is as follows.
Wife works in a medium sized dental practice as a dental nurse. Over a few weeks she noticed that money was going missing from her bag when left in the staff room. At first she thought it was her mistake but after a few times she was sure it was happening there. To make sure we marked some notes, she set the bag up one morning and at lunchtime a note was missing. Only two people had access to the bag that morning, a fully qualified dentist with plenty to lose and a trainee dental nurse on a government scheme that had only been there a couple of months. The trainee went to lunch before the missing note was noticed so no physical evidence, but she stole it, no question.
When my wife noticed the note was missing she was in a bit of a state and rang me. I asked her for the girl's mobile number and she gave it to me from a list they have on the reception desk. My wife already had the number stored in her mobile anyway but didn't know how to access it whilst talking to me on it, so she read it off the list on the reception wall in front of a witness. My wife has no proof she had it before, has never rung/texted her before. I didn't use the mobile number and later rang the girl on the practice phone when she returned, I told her we knew she took the money and if she put it back the matter would end there. She denied all knowledge and went into drama mode with plenty of shouting and crying thrown in. She has since left for reasons unknown to my wife.
My wife has now had a disciplinary for "breach of data protection at work" for handing over the phone number. The result of which it she has been given "a first written warning under the second stage of the Practice’s Disciplinary Procedure" which stays on her record for 6 months. She has worked in that place for 3 years but I want her out of there and I don't want anything on her employment record for that reason.
So my question to anyone who knows about this stuff is, has she breached data protection at work?
Sorry to drag this on but I think all the above is relevant, any input very welcome as I am very reluctant to let this go.
I think your wife was lucky to get away with a first written warning considering both your actions, based upon as you state above no actual evidence other than it would appear snobbery. Between you, you have opened the employer up to a potential constructive dismissal claim.The shortened version of what lead up to this situation is as follows.
Wife works in a medium sized dental practice as a dental nurse. Over a few weeks she noticed that money was going missing from her bag when left in the staff room. At first she thought it was her mistake but after a few times she was sure it was happening there. To make sure we marked some notes, she set the bag up one morning and at lunchtime a note was missing. Only two people had access to the bag that morning, a fully qualified dentist with plenty to lose and a trainee dental nurse on a government scheme that had only been there a couple of months. The trainee went to lunch before the missing note was noticed so no physical evidence, but she stole it, no question.
When my wife noticed the note was missing she was in a bit of a state and rang me. I asked her for the girl's mobile number and she gave it to me from a list they have on the reception desk. My wife already had the number stored in her mobile anyway but didn't know how to access it whilst talking to me on it, so she read it off the list on the reception wall in front of a witness. My wife has no proof she had it before, has never rung/texted her before. I didn't use the mobile number and later rang the girl on the practice phone when she returned, I told her we knew she took the money and if she put it back the matter would end there. She denied all knowledge and went into drama mode with plenty of shouting and crying thrown in. She has since left for reasons unknown to my wife.
My wife has now had a disciplinary for "breach of data protection at work" for handing over the phone number. The result of which it she has been given "a first written warning under the second stage of the Practice’s Disciplinary Procedure" which stays on her record for 6 months. She has worked in that place for 3 years but I want her out of there and I don't want anything on her employment record for that reason.
So my question to anyone who knows about this stuff is, has she breached data protection at work?
Sorry to drag this on but I think all the above is relevant, any input very welcome as I am very reluctant to let this go.
Edited by Daz1855 on Tuesday 15th October 22:32
Edited by anonymous-user on Wednesday 16th October 08:23
Bluequay said:
I think your wife was lucky to get away with a first written warning considering both your actions, based upon as you state above no actual evidence other than it would appear snobbery. Between you, you have opened the employer up to a potential constructive dismissal claim.
Fair enough, but the question here is was there a breach of data protection at work, we have already established and accepted it was the wrong thing to do.Daz1855 said:
Bluequay said:
I think your wife was lucky to get away with a first written warning considering both your actions, based upon as you state above no actual evidence other than it would appear snobbery. Between you, you have opened the employer up to a potential constructive dismissal claim.
Fair enough, but the question here is was there a breach of data protection at work, we have already established and accepted it was the wrong thing to do.Bluequay said:
Then accept you've done wrong, been punished for doing wrong and stop trying to weasel out of it on a technicality. Work the next 6 months until her record is clear and then move on.
A mistake has been made at our end, fair enough, but let's not lose sight of the fact that we would not have had the opportunity to make this "mistake" had the money not been stolen in the first place.The money was stolen by the girl, the dentist who earns more money in the time it takes her to floss than was stolen didn't steal it. She has been rumbled and has now walked off the job, ready to do it again elsewhere probably without even a slap on the wrist.
I am certainly not going to appologise for trying to weasel out of anything ............. but I suspect that we will ultimately have to do what you suggest, nothing.
You can to an extent set aside the whole issue of the missing cash. You’re wife breached the DP Act, it doesn’t matter that she already had it on here phone, as that isn’t where she got it from.
If she just has a note on file for 6 months, then what’s the issue; if the stays then it expires, if she leaves then she also leaves that behind.
Oh, and well paid people can steal just as readily as poorly paid people!
If she just has a note on file for 6 months, then what’s the issue; if the stays then it expires, if she leaves then she also leaves that behind.
Oh, and well paid people can steal just as readily as poorly paid people!
Daz1855 said:
Bluequay said:
Then accept you've done wrong, been punished for doing wrong and stop trying to weasel out of it on a technicality. Work the next 6 months until her record is clear and then move on.
A mistake has been made at our end, fair enough, but let's not lose sight of the fact that we would not have had the opportunity to make this "mistake" had the money not been stolen in the first place.The money was stolen by the girl, the dentist who earns more money in the time it takes her to floss than was stolen didn't steal it. She has been rumbled and has now walked off the job, ready to do it again elsewhere probably without even a slap on the wrist.
I am certainly not going to appologise for trying to weasel out of anything ............. but I suspect that we will ultimately have to do what you suggest, nothing.
Presumably your wife is an adult, it was at her place of work, where she worked and you didn't, but yet it was you who called the young girl. If I were your wife I'd be glad it was only a first written warning and stfu.
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