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the Data Protection Act 2016 and the disciplinary process

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  • the Data Protection Act 2016 and the disciplinary process

    I am currently involved in a disciplinary matter with my work, and a manager involved has constantly refused to hand over to me the minutes of the his so called investigation meeting ( this is also in dispute to whether I've received a formal investigation meeting or not) and any evidence against me in regard to this disciplinary matter. My question is, has the Manager broken the 2016 Data Protection Act in refusing to give me this information, if so, what can I do? Best regards¬*
    Last edited by Ula; 1st July 2020, 09:42:AM. Reason: Anonymised your post by taking our your name
    Tags: None

  • #2
    If you are being asked to attend a disciplinary meeting then the company needs to provide all the details/documents etc it will be relying on at the meeting to support the allegation/s, which may include minutes of an investigation meeting.¬*

    If they have not been provided then the employer may have a duty to disclose the documents in accordance with the General Data Protection Regulation (2016/679 EU).

    Employees have the right to see personal information that the employer has about them, held as a computer record or in a structured manual filing system e.g. a personnel file. This could include notes on the investigation meeting. However, before disclosing the data, the employer must assess whether or not disclosure would breach the confidentiality of others. If a third party is identified in the notes, for example a witness who was interviewed as part of the investigation, the information can be disclosed only with that person's consent, or if it is reasonable in the circumstances to disclose it. Alternatively, the employer could provide the notes to the employee after removing the parts from which the third party could be identified.
    ¬*
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