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Advice on Data Protection


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I have a really strange 'grey area' problem that i would really appreciate any advice i could get on.

I work for a large retail company and am currently trying to apply through an internal job recruitment service to move to another store to further my career. My store manager mentioned one of the stores that i applied for had been in contact with him and i presumed they were asking for a verbal or written reference which i have no problem with and quite expected even though i wasn't asked for references on the application. However i have learned today that my store manager was aware i applied for this other opportunity as my CV had been forwarded to him by the recruitment service. I learnt about this as another senior manager confessed he'd also seen my CV as him and the store manager scrutinised it together and mentioned that they feel that i elaborated on certain elements of my CV. I am so upset that what i see as my private information, has been passed to my manager, and i'm not sure the legal standpoint of this as i presumed that when submitting my application with CV attatched, that it was classed as my personal data which should be protected by The Data Protection Act. I am unsure as to whether this can be applied to this circumstance however because it is within the company. Can anyone provide any information about this to me? I have had no invite to interview, job offer or anything similar. I feel very betrayed. I also feel like my store manager can halt my movement within the company, and would do so at any given opportunity yet i haven't even had chance to show myself or my capabilities as no one has contacted me whatsoever. If this is all above board and legal then there is nothing i can do and i will have to accept this fact and carry on applying for jobs with the knoweledge that my CV can be passed to anyone in the company, however the distress this is causing me is quite alarming. Is there anything i can do in this situation? And if this is infact not adhering to policy, where do i go now? Can i make a complaint or a grievance? I would welcome any help at all. Thank you :) x

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Welcome to the site.Its difficult to answer specifically,but if you have given your CV to a recruitment company/employment agency or other organisation for the purpose in them gaining you employment,then its not unreasonable to suppose that they would be acting in your interests when processing or sharing your information with third parties expressly for the purpose of that.

They do have a duty of care in ensuring your data is safe.

 

Maybe its written in terms and conditions -it could be argued that sharing your data is tantamount to them finding you work

Even if you have given permission,you are free to withdraw that permission at any time by issuing them with a section 10 notice.

However it needs to give adequate time for them to cease-usually 14 days.

Alternatively,you could ask them to provide you with details of who they had sent copies of your CV to,on what dates,and whether the third parties had destroyed your CV once it was no longer needed.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I don't see how this is actionable. Your CV isn't personal data to the same degree as some data would be - it's a marketing tool which you "put out there" to sell yourself. It isn't the case that your CV has been, or could be "passed to anyone in the company" - in both cases the people who have seen it are managers who are part of a company management tsructure, and involved in recruitment. Since this is an internal process to the company, it might equally be expected that there would be some degree of checking that the information is an accurate reflection of your skills and experience. On technical grounds, even if this hadn't been internal to the company, I can't see any reason why an employer could not check the accuracy of claims that you made in an application form or CV as part of the referencing process - some employers do check some details very carefully, and there is nothing unlawful in that.

 

I don't feel that you would have legal grounds to challenge this, and even formal grounds (such as a grievance) may be an overreaction and not likely to assist your progress in the company. It might be better to either withdraw your CV as suggested (although obviously it will then be the case that you are withdrawing from the possibility of internal promotion); to forget about this altogether; or have an informal word with your manager and explain that whilst it may be his view that your CV is a little "elaborated" you feel that this wouldn't be uncommon in applications which are designed to show you at your best, that you feel that you can justify your skills and potential, and if he has some doubts about this you would like the opportunity to stretch yourself in your job and show him that it is the case.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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The information contained within the CV IS personal data (or part thereof)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The information contained within the CV IS personal data (or part thereof)

 

Yes it is. But not to the same degree as "eyes only". A CV is an application for employment, in this case to an internal recruitment group. It was provided to managers who are involved in the recruitment process for the purpose of recruitment within the company, whether that be because they were looking for a candidate or were asked to verify the information as part of a referencing / recruitment process. This is therefore using it for a legitimate purpose and the one that it was provided for - it's not like it was pinned on a company notice board for all to see.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Thank you very much for both your help. I phoned ACAS today to enquire for a formal answer to this question. They stated that sharing my CV with my current employer is not unlawful and that the recruitment service are entitled to forward this information to my current store manager because a) he can access this personal data by means of my personal employment file anyway and b) to verify the contents of my CV. However when looking at the Terms and Conditions of the application is states that 'I understand that any offer of employment may be subject to checks, undertaken to verify and validate the information i have provided on my application form' and it is this i can form a grievance against as i haven't been offered any employment, let alone progressed through to the interview stage. According to the ACAS employee i spoke to, an interview should have been held first to assess my capabilities, and then if necessary my CV could be forwarded, as it is the usual procedure to ask for references on offer of employment not before interview. Obviously this is the ideal and it is not uncommon when transferring through companies than informal references are given beforehand, however as it is explicitly stated in the Terms and Conditions that it will be on offer of employment the recruitment company have been unfair.

Furthermore, what i neglected to mention in my original message is that one of the main reasons why i am trying to transfer out of my current store is that i feel my store manager is halting my progression within this store. He is very unsupportive of me attempting to move either higher up the ladder in my present store, nor out of the store altogether. I feel that passing my CV on to him is counter active for me attempting to move stores as he will be detrimental to my application. Therefore through no fault of my own i haven't even been invited to interview to show my abilities and this i can also form a seperate grievance for, against my store manager, as i have many examples of evidence in support of this complaint, and witnesses to back much of this up.

This is further compounded by the fact that i know other employees within store also have access to the store managers email account as these members have his email password to enable them to forward his personal emails to him on his days off. This means that it is not just my store manager and other senior manager capable of accessing my CV, it is other employees who don't have a position of authority that can also view it, and this is also something which i'm not happy about and something ACAS agree shouldn't be able to occur.

So to sum up! My CV is classed as a document with personal data that is confidential, however this information can be passed through to current employers to verify at any stage of the application process. If however, the Terms and Conditions state that this process will not occur til an offer of employment has been made then a grievance can be made if done before this, as the policy they advertise hasn't been adherred to.

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ok thanks for update.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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