A rant! Advice please.
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Following on from my post yesterday, my son has just started a Phd. He wasn't asked during the application about any criminal convictions however his new offender manager has told him he should have disclosed. We disagree as it's surely up to the university to ask the right questions dependent on the role (the role is nothing to do with teaching etc).
ANYWAY, the offender manager has taken it upon himself, without warning my son, to phone the university safeguarding department and tell them. I know this because I phoned the offender manager myself. Some huge breach of data protection here because he discussed my son with me after simply taking my word that I was who I said I was! He didn't have the courtesy to tell my son he was doing this, he also admitted to me that he hadn't yet received any of the case information. It was a non-contact online offence but he's done no due diligence so he has no idea whether or not this is a safeguarding issue.
I've spoken to Unlock who agree that he shouldn't have done this without doing a risk assessment.
Any experience/advice would be much appreciated xx
ANYWAY, the offender manager has taken it upon himself, without warning my son, to phone the university safeguarding department and tell them. I know this because I phoned the offender manager myself. Some huge breach of data protection here because he discussed my son with me after simply taking my word that I was who I said I was! He didn't have the courtesy to tell my son he was doing this, he also admitted to me that he hadn't yet received any of the case information. It was a non-contact online offence but he's done no due diligence so he has no idea whether or not this is a safeguarding issue.
I've spoken to Unlock who agree that he shouldn't have done this without doing a risk assessment.
Any experience/advice would be much appreciated xx
Hi, I have no advice but, WOW!!!!! This is SO unprofessional. At the very least make a complaint about the data breach in writing and go from there. Is you son able to continue his PHD? Without a risk assessment how can they say he needed to disclose? Id be hopping mad! X
LittleRobin, thank you for your response. I've escalated things and ultimately I'll take it to the Police Complaints, but in the meantime my son has been temporarily suspended pending investigation by the uni. We're devastated - he's spent all this time rebuilding his life and it's at risk of being taken away xx
Oh Lola, I'm so sorry. X
Oh no!
Your son has clearly worked incredibly hard. I hope he is very proud of all he has achieved and hopefully this will be nothing more than a slight bump in the road for him.
I'm angry on your behalf. I hope it's resolved swiftly and with common sense.
Your son has clearly worked incredibly hard. I hope he is very proud of all he has achieved and hopefully this will be nothing more than a slight bump in the road for him.
I'm angry on your behalf. I hope it's resolved swiftly and with common sense.
Lola53 x
I dont have any advice however that is absolutely a breach and should absolutely be complained about
It's just not acceptable
Your poor son and you
I'm so sorry this has happened xx
I dont have any advice however that is absolutely a breach and should absolutely be complained about
It's just not acceptable
Your poor son and you
I'm so sorry this has happened xx
The police have very extensive powers to disclose. If they think there is a potential risk then they can tell pretty much anyone about the conviction and it is not a breach of GDPR.
What they do have to do, is document the process. They should set out their reasons for disclosing in writing and it usually has to be signed off by a more senior officer.
So if complaining, then your argument is probably going to be not that they breached GDPR, but that they didn't follow the correct procedures. It is common practice to give the person the option to disclose themselves first and only if the person refuses, would the police do the disclosure.
What they do have to do, is document the process. They should set out their reasons for disclosing in writing and it usually has to be signed off by a more senior officer.
So if complaining, then your argument is probably going to be not that they breached GDPR, but that they didn't follow the correct procedures. It is common practice to give the person the option to disclose themselves first and only if the person refuses, would the police do the disclosure.
Thank you all for your support. Edel2020 - thank for that information, that's very helpful. I'm compiling information and what you've said is key - they had no information on my son, didn't risk assess, didn't give him the opportunity to disclose it himself and there was certainly no sign off.
Thanks all xx
Thanks all xx
This is my fear and my person doesn't seem to be concerned! I have heard from other similar stories that PO take it upon themselves to push for disclosure where there is no contractul need. My person'sPO goes with ' if not asked, don't tell'.
But we hope to move to a different area where he will ha e a new PO who might think differently. And this would impact him getting a job.
It is v ery unfair. But if procedures haven't been followed I hope that is dealt with.
But we hope to move to a different area where he will ha e a new PO who might think differently. And this would impact him getting a job.
It is v ery unfair. But if procedures haven't been followed I hope that is dealt with.