Any Opinions on This Would be Welcomed

[Not3bad]

1. Would you class the signing in and out of a business premises as data?

 

2. Would you expect this information to be held by the owners of the premises and not passed on to a third party?

 

3. If this information was passed on to a third party, would you consider it to be a breach of the DPA?

 

Thanks in advance

[stu007]

Hi

 

1. It would depend on your Employment Contract.

 

2. Also the Companies Data Protection Policy

[martin2006]

Far too little information to give a quantified response, please could you expand on the circumstances which gave rise to the questions you have asked.

[Not3bad]

Thanks guys-Yes, in hindsight, it was a tad vague.

 

An employee worked for a company who were contracting at a third party company. The employee signed into the third party company every day and signed out when she left.

 

Further on down the line, the worker left and got embroiled in a dispute over outstanding monies owed. The ex-employer contacted the third party and obtained the signing in data and argued that the hours worked were less than she was being paid for (she was working the same hours as everyone else in the department)

 

I'm not sure if the employer had a right to the data and whether there was a breach of the DPA by the third party by passing on that data?

[martin2006]

If the employer was paying the wages then of course they would be entitled to the data in order to be able to process wages.

The 3rd party has obtained the signing in data as part of a contract i presume fir the employer, no issue as i can see.

[Not3bad]

If the employer was paying the wages then of course they would be entitled to the data in order to be able to process wages.

The 3rd party has obtained the signing in data as part of a contract i presume fir the employer, no issue as i can see.

It wasn't to process the wages-It was obtained months after she had left, which opens a separate can of worms ie, why was the data still being held?

The 3rd party obtains the data off anyone who visits the premises. It is data for the 3rd party. I fail to see what right the employer had to it, especially given he was the ex-employer at that point.

[martin2006]

The company contacted the 3rd party because there was a dispute over wages which clearly explains why it was some time later.

Sorry but still dont see an issue with that.

[martin2006]

In order to comply with both the data protection act and limitations act, data must be processed for a minimum of 6 years.

[citizenB]

This type of signing in/out is usually used for either making up salaries (overtime, etc) or to simply know who is on the premises in case there is a need to evacuate the building in an emergency !

[Not3bad]

This type of signing in/out is usually used for either making up salaries (overtime, etc) or to simply know who is on the premises in case there is a need to evacuate the building in an emergency !

 

I would state categorically that it is the latter. it has nothing to do with "clocking in and out" Therefore, I cannot accept that the employer was entitled to be given access to it.

[Old Cogger]

want a job = follow procedure of company - or resign, security and welfare etc comes to mind, we had a serious fire drill years ago and one person not accounted for - then myself and others had to look for that person who happened to be in a pub! and not on the premises. says it all

[Peterbard]

The party would be under no duty to protect your data under these circumstances.