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yuryr
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Joined: November 5th, 2007, 12:47 pm

data protection act - does it work with HH?

February 21st, 2014, 8:31 am

I am curious to hear the forum members' opinion on the following strategy.I am not comfortable with too many HH companies holding sensitive info about me for many years, calling me to collect some info rather than find some jobs for me etc. etc.. I find these companies incredibly lax about protecting my personal information. I had witnessed one of my colleague's CV sent to our team manager. On another occasion I have seen an agent telling our boss on the phone about my other colleague looking for a job. These things are very hard to detect and prove. So, as a way of protecting myself, I wanted to try to use data protection act as my weapon. Would it work?Has somebody tried to re-trace the step and request deletion of all info (not just CV) from any particular HH firm?What is the best way to do it?
 
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rmax
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data protection act - does it work with HH?

February 21st, 2014, 11:02 am

Let me ask someone I know.
 
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dj99b
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data protection act - does it work with HH?

February 21st, 2014, 1:02 pm

Unless there's a few high profile prosecutions with people going to prison, HHs are unlikely to care. Yes, they'll give the public "We take our obligations seriously" statement, but nothing will actually happen.Your CV is the HH's product. The information about you is simply too valuable to pay any real attention to the Data Protection Act.If you want to enforce anything, you need to get hard evidence, go to the Information Commssioner's Office, request an opinion based on s.7 + s.13 of the DPA, and then carry out a private prosecution for financial loss and distress through the courts. Any successful prosecurtion may end up being reported widely - this is a good way of telling other HHs that you are nothing but trouble.
Last edited by dj99b on February 20th, 2014, 11:00 pm, edited 1 time in total.
 
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katastrofa
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data protection act - does it work with HH?

February 21st, 2014, 1:36 pm

UK's data protection regime is pitiful.
 
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DominicConnor
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data protection act - does it work with HH?

February 22nd, 2014, 7:36 pm

The short answer is you can use it but you won't.The regime was as katastrofa says pitiful and he didn't mention this was by design.It has changed big time, recall that Tony Blair is no longer PM...Firms can be fined serious money, like half a meg and trust me this will get their attention, banks get 100 times that when they are bad, but for a HH that will hurt.But on this and other forums I have seen quite appalling misuse of personal data, yet when I have indicated just how much pain you can cause the offender, they can't be bothered.The obvious first step is naming and shaming, I note you have not done this.The next is to contact HR, most contracts with banks forbid sending in CVs without permission.Then there is the ICO itself.Also, you can do a subject access request, which may turn up things you can use against them.This should include a cover note that you have become aware of the misuse of your personal data and that this forms the first part of a formal complaint to the ICO.Regardless of whether they are a good or bad HH, if they are even remotely rational and competent, your data will be deleted with extreme prejudice.A good HH will of course contact you to ask WTF is going on and which of their staff has misbehaved.Also, it is far from unknown for an individual HH to take records with him, that is illegal not only under the revised Theft act but also the Computer Misuse act, the Data Protection Act 2012 and his contract with his previous employer. You can open the door for such a person to enter the world of pain.How hard is it to get proof in this day and age ? I don't know you yuyr, but you no doubt have technical skills and significantly above average general intelligence, you're telling me you can't get evidence ? or are you really saying that you can't be bothered and would some random person on an Internet forum please sort out your life for you ?But...You have no right to have your data removed from the records of a HH firm or indeed any other outft.You can require them to correct it if wrong, but I'd rather hope your CV is correct...A good HH will of course delete if asked, but ironically that means you are deleted from the DB of a good HH and left on the DBs of bad ones.
 
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rmax
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data protection act - does it work with HH?

February 24th, 2014, 10:19 am

I spoke to a friend of mine who is in the data protection line of things, and his key points are as follows:You could ask them to remove the data from their systems - if the processing is causing him damage or distress (which you could certainly argue). They should delete his CV from their systems. You can also make a subject access request to them to ask them for any information they hold on him - that way you'd be sure what they've got. You may have to pay a tenner for that.
 
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yuryr
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data protection act - does it work with HH?

March 3rd, 2014, 1:33 pm

QuoteOriginally posted by: DominicConnorThe short answer is you can use it but you won't....How hard is it to get proof in this day and age ? I don't know you yuyr, but you no doubt have technical skills and significantly above average general intelligence, you're telling me you can't get evidence ? or are you really saying that you can't be bothered and would some random person on an Internet forum please sort out your life for you ?Dominic, my life is not in perils. No need to sort out anything. But I am just curious, are you suggesting to bug the phone of my boss or hack his email? It'll certainly work!But, seriously, thanks everyone for the advice! I can summarize it as follows:- cannot request delete,- can request "subject access",- can ask to delete and they may/may not,- can try to catch someone taking my records from one company to another,- can potentially argue that it causes me distress...
 
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katastrofa
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data protection act - does it work with HH?

March 3rd, 2014, 3:48 pm

I wouldn't hope to get much from ICO, they're not particularly eager to jump into action unless you provide overwhelming proof that someone caused you harm.
 
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DominicConnor
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data protection act - does it work with HH?

March 3rd, 2014, 4:27 pm

The "damage or distress" thing is certainly worth a go, but if they merely have it on file and don't use it, I'm not clear what the damage might be.The ICO have improved, I'm open to whether they make it all the way to good or not.As to "bugging" your boss's phone...I would sincerely hope it is bugged already, presumably he works in financial markets ?If a HH is sending your personal data to someone without your consent of knowledge that is a clear violation of the DPA and probably of the contract between the HH and the bank.The problem with this problem is that I can't make it go away, not only do I lack the power, the work has to be done by the people affected.If you really want to screw with the HH, go to compliance and explain the situation. be clear that if a firm knowingly or recklessly receives such personal data then they are in much the same boat as the rogue HH.This is not unlike receiving stolen physical goods.Compliance can get phone records and emails and bring HR in to the mix.If you've spotted them doing this shit then it is very unlikely that it is a one-off "human" error and an investigation should show up many instances.The ICO may or may not act, but this is the sort of thing that can cost the agent the business from your employer.
 
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ChangePoint
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data protection act - does it work with HH?

March 5th, 2014, 10:11 pm

DC do you check your PM's regularly?
Last edited by ChangePoint on March 4th, 2014, 11:00 pm, edited 1 time in total.