How to deal with fallacios information sent by company

[Tilman Kamp]

A company in Germany that I contracted had some people that hated contractors. I discovered that one of these people has added information in the HR systems that certain people had things like mental illnesses. I found this out when a company in the UK that I applied for recently showed me information that they had obtained from that company.

What is the best way to deal with this?

[ladymuck]

I thought fallacio was something completely different!

Sometimes it is necessary for a company to maintain particular records about the health of the people working on their site and it's possible this is an example of that. It is not for you to decide whether the collection of that information is appropriate or accurate.

What is completely wrong is this UK company getting hold of that data and sharing it with you. Two potential breaches of privacy laws - the Germans are very hot on that and I'd let the relevant authority there know that personally identifiable data is being shared. I would then also let the Information Commissioner know that the UK company is also sharing personally identifiable data and that it may be a breach of our DPA.

[BrilloPad]

If the information is on others, what do you care?

If its on you, it is illegal to discriminate against mental health grounds for a permanent employee and they are not allowed to ask at interview. For contractors they can do as they want.

Is the company you are applying to concerned? What is their attitude?

[washed up contractor]

I thought fallacio was something completely different!

Sometimes it is necessary for a company to maintain particular records about the health of the people working on their site and it's possible this is an example of that. It is not for you to decide whether the collection of that information is appropriate or accurate.

What is completely wrong is this UK company getting hold of that data and sharing it with you. Two potential breaches of privacy laws - the Germans are very hot on that and I'd let the relevant authority there know that personally identifiable data is being shared. I would then also let the Information Commissioner know that the UK company is also sharing personally identifiable data and that it may be a breach of our DPA.

It might be that the UK company contacted the German company for a reference in respect of the person applying to join them and, if they ( the UK company) asked the applicant was the information in the reference correct, they havent breached any Data Protection issues.

[ladymuck]

It might be that the UK company contacted the German company for a reference in respect of the person applying to join them and, if they ( the UK company) asked the applicant was the information in the reference correct, they havent breached any Data Protection issues.

But the UK company should not be sharing it with the OP, unless they were showing the data held on the OP. It's not clear if the information being shared is theirs or that of random people.

Not entirely sure that a reference should include data on health matters. A reference should be about conduct at work, surely?

[Fred Bloggs]

If the information is on others, what do you care?

If its on you, it is illegal to discriminate against mental health grounds for a permanent employee and they are not allowed to ask at interview. For contractors they can do as they want.

Is the company you are applying to concerned? What is their attitude?

Sorry, you are wrong. Read the Equality Act 2010. It applies whether you are an employee or not.

[stek]

Maybe it was the Finanzamt?

Be afraid, be very afraid....

[SueEllen]

It might be that the UK company contacted the German company for a reference in respect of the person applying to join them and, if they ( the UK company) asked the applicant was the information in the reference correct, they havent breached any Data Protection issues.

Lady Muck's advice is correct.

Dob them in to both data regulators.

Make sure you make the case not sound like hearsay though. So talk about your own experience not anyone else's. If you are lucky the company may get their records and what they are stored on taken away even if they only receive a small fine.

[washed up contractor]

But the UK company should not be sharing it with the OP, unless they were showing the data held on the OP. It's not clear if the information being shared is theirs or that of random people.

Not entirely sure that a reference should include data on health matters. A reference should be about conduct at work, surely?

You dont know they 'showed' the OP anything. That is the point, we cannot be 100% sure of much judging by the post.

It may be the UK Company simply has asked him \ her in a round about way whether the suggestion \ information was accurate or correct. In any event, the DP \ Information Act does not prevent sharing of information, period, it just puts certain limitations on its use \ sharing.