Complaint against a member of staff

[Janice76]

I've had a personal issue somebody, and out of the blue, i received an email from them stating that they had used their position in work to look at all my records - police, medical and social services. Its an extremely distressing time anyway die other things happening as well, and this has really made me feel on edge about having my personal information invaded. With regards to telling her place of work - what could actually happen in such a case with regards to an investigation? How will my personal information on myself be protected if she knows things? Is it likely that someone could access all of these records or is it likely to be a fabrication? And - should it be a fabrication - Would she still be disciplined in work? I currently can not sleep over this and the connected matters and want to have an idea of potential backlashes before telling her place of work.

[Phil2287]

Hi,

 

Would it be possible, without obviously wanting to divulge too many specifics, to tell us what sort of job this person has?

 

Anyone with access to your personal records, whether through their occupation or so on, must have a genuine reason for accessing them. They must also ensure that they remain private and confidential. I am certain that if this individual has accessed them without 'due reason' then they would be likely to face disciplinary proceeding with their employer, and possibly legal proceedings too?

 

Phil

[LaughingGirl]

I can't imagine where she works to have access to all of those, so it might be that she's just trying to wind you up. However, if she's telling the truth, then doing this would qualify as gross misconduct so she's in serious trouble, quite frankly. As Phil says above, she could be in legal trouble, too.

[Janice76]

She has a position within a government agency that deals with sensitive information - therefore i have reason to believe that yes, she could access my details. Do you know how the matter would be dealt with?

[Phil2287]

Do you have a copy of the communication wherein they state they have accessed your information? If so, and it appears to be genuine on the basis of your obvious dealings with this person previously, perhaps you should contact the police?

[Janice76]

Yes - I have a copy of the email she has sent. What could the police actually do with regards to this? There are subtle threatening tones in the email about using information she has obtained on me against me - I have my own business and the main reason i have not immediately contacted her work is for fear of my reputation being ruined. Should i take this further - and she, for example, got the sack - what grounds would i have to ensure my personal information then does not become public knowledge?

[Phil2287]

There are people on this forum with perhaps more legal knowledge than I with regards to what action could be taken in this matter.

 

However, if she has made insinuations within her email to you that she will use your sensitive information against you, then perhaps she shouldn't occupy the position that she does?

She is probably just adding fuel to the fire that you both obviously have going on between you, and is intending to scare you. For what reasons, I'm unsure.

 

Anyone else got any advice for Janice?

[LaughingGirl]

Well, what they would do would partially depend on the content of the email - what you're hinting at is veering towards blackmail, so I suspect she'd find herself in serious trouble.

 

ETA: In my opinion, she's unlikely to be arrested for accessing your personal information, but the chances of prosecution would increase if she actually made that information public. If she's using the information to blackmail you, then I would imagine prosecution is inevitable.

 

IMO, she would definitely get sacked if her employer found out about the access.

Edited February 8, 2012 by LaughingGirl

[Janice76]

Thanks for your help guys - I'm off to bed now! Any more advice on the subject would be gratefully received as I want assurances my personal information is protected.. Thanks

[LaughingGirl]

I'm not sure anyone on here would be able to reassure you of that - if she's already accessed the information, she can't "un-know" what she's already found out. If you mean that you want to be reassured that she can't access your information in future, then the only way you would be able to do that is to contact her employer to make sure that her access is removed.

[Phil2287]

I'm slightly concerned about 'Government Agency' with 'access to sensitive information'. That could be anything from a Parking Attendant, to MI5.

[LaughingGirl]

Well, exactly! The only reassurance that I can give is that I can't think of any agency that would have complete access to Police, Medical and Social Services. Social Services might have access to small amounts of data from each one, I suppose. My gut feeling is that this is a scare tactic, if not a very clever one. Even if she's lying, if her employer is told she's using her position to manipulate someone into believing that they know her personal business, she's probably still going to face a disciplinary - one which will very likely result in her being sacked anyway.

[Phil2287]

I agree.

 

If I worked within a 'Government Agency' with such wide-reaching access and wanted to gain information on someone to use against them, I suppose the last thing I'd do is actually tell that person, or I'd leave myself wide open to attack.

 

As a result, I don't think you've got much to worry about. However, I'd still take it further and present your email to her employer.

[stu007]

Hi

 

What i would suggest is making a Formal Complaint in writing to that Goverment Agency about the Employees email sent to OP enclosing a copy of said email as evidence.

 

even if this was a joke its a sick joke and more than likely breaches that agencies own internal policies like ICT Policy, Electronic Communication and Security Policy.

 

Also if this was sent by this individual using that agencies email account and signed or printed at end of email that individuals name and agencies status it would open a further can of worms. As this individual would then by doing this if they have brought that agenices name into disrepute and most places dont take very kindly to this thus "Gross Misconduct".

Edited February 8, 2012 by stu007

[Sidewinder]

Absolutely agree with all of the above. Even IF (and I think it a fairly big IF that this person has access to all of that information) then it's use has to be very strictly controlled and without due cause to use it, even the threat from a Government employee that it may be used for frivolous purposes would guarantee the originator of the email to be in serious trouble - they would be most unlikely to keep their job!

 

Stu007 is spot on - get a formal complaint in with a copy of the email which you have received, demand that they disclose the level of information which is held about you and demand that they cease and desist using your personal information in this manner. You might also threaten to report the matter to the ICO and take the matter up with your MP to raise the issue at an appropriate level.

[honeybee13]

Hello Janice.

 

I can see you were worried last night and I hope you've found the advice helpful. You will let us know how you get on, won't you?

 

My best, HB

[ScarletPimpernel]

I can't think of any government agency where a single individual could access such a range of information, especially without the subject's consent.

 

DBS NSV (formerly the Defence Vetting Agency) can access various sources of personal data, but the subject would be aware and would have to consent.

 

Even if the security services were able to access sensitive data without the individual's consent (for example, in the interest of national security), this wouldn't happen without a grown-up signing-off, and it certainly wouldn't be dealt with by one individual.

 

Access to the Police National Computer is strictly controlled and recorded, so anyone misusing it is leaving themselves in a very vulnerable position. Even someone working in CRB checking would need the individual's consent.

 

In any event, anyone who has access to sensitive data of any sort and abuses their position should be reported. If such an individual works in an area that involves defence or security, the matter goes beyond a personal dispute and raises serious questions about the individual's suitability for their role. Such people may be a security risk, at worst. OP should write to the agency, raising their concerns and enclosing details of the email sent by the individual.

[misselle]

I agree, I can't think of a single Government Agency with access to all of those things.I think they may be bluffing, however I would call their bluff and take the email to the police and make a complaint.If they have access to the police national computer and have checked your records on it then it would be very easy for the police to check. Everyone who has access to it has their own user id and password and you need to enter a code into each time to record the reason why you are looking at a record or conducting a name search.Its a criminal offence to look at data on the police national computer without permission. I know this because I worked in a government agency which used it and a member of staff was caught checking his neighbours on it, the only reason we found out about it was because the police marched into the office and marched the man out in cuffs.Even if she hasnt accessed your records the police and her employer would give her a good ticking off for making the threat that she did I would also imagine her employer would take action against her.

[LaughingGirl]

I've just re-read your original post. I think what I might have missed is that you're concerned that if you involve her employers, and she loses her job, this might trigger her into releasing the information publicly? If this is the case then all I can add is that if she does do that, then the Police would almost certainly get involved. I imagine any work disciplinary procedure would include warning her that if the information is leaked, she will leaving herself open to prosecution.

 

Honestly, she's been incredibly stupid just by emailing you and implying that she can access your data. For one thing, I think she's talking nonsense. For another, as has already been said, just the threat of doing it could result in her losing her job, almost certainly so if she used her work email address.

 

If it was me, I would report the matter to her employer as a matter of urgency.

[Janice76]

Thanks for the advice everyone, its been a real help... I'll let you know how i get on...