Disclosure of sensitive personal information by employer

[Kibeem8731]

Hi there. I hope everyone is doing well.

My employer has disclosed sensitive personal information (mental health) to three of my colleagues (same level as me) who had no right to be told such information. I am considering reporting them to the ICO and possibly consulting with a lawyer.

I am currently unfit for work in relation to this mental health matter and am to be referred for an occupational health appointment. I have no issues regarding attending the appointment and as part of that process, the occupational health business in question, has forwarded to me, my employer's referral note. Not only does the referral contain various lies about me (perhaps in an attempt to taint the OH Dr's opinion) but it also discloses that I was off work a couple of years ago for mental health reasons.

I have no idea if this disclosure constitutes a further disclosure of sensitive personal information or not, can anyone advise please ?
Thanks very much

[2222]

Can you be more specific about what was said to your three colleagues?

I think the company has every right to provide all relevant information to the Occupational health people they are employing. How else can you be assessed? Obviously, the information needs to be corrected if it's wrong.

Are these lies you mentioned seriously damaging? Also, are these about objective facts (eg arrived late 3 days in a row) or subjective opinions (eg appears nervous).

[Kibeem8731]

Hi there. I hope everyone is doing well.

My employer has disclosed sensitive personal information (mental health) to three of my colleagues (same level as me) who had no right to be told such information. I am considering reporting them to the ICO and possibly consulting with a lawyer.

I am currently unfit for work in relation to this mental health matter and am to be referred for an occupational health appointment. I have no issues regarding attending the appointment and as part of that process, the occupational health business in question, has forwarded to me, my employer's referral note. Not only does the referral contain various lies about me (perhaps in an attempt to taint the OH Dr's opinion) but it also discloses that I was off work a couple of years ago for mental health reasons.

I have no idea if this disclosure constitutes a further disclosure of sensitive personal information or not, can anyone advise please ?
Thanks very much

Thanks very much for your response.

Two of my colleagues were told that I had been signed off with work related stress and that I was 'at it'.

The third colleague was told that I had been signed off with work related stress, that I was 'at it' and further to that, that 'I wasn't right in the head'

I understand that the Occupational Health professionals need to know why I am unfit for work now, but what about my employer disclosing an absence which is over two years old ?

The lies refer to regular aspects of poor performance, deterioration of performance over a long period of time and allegations that my behaviour previously and recently affect my colleagues. I have not been spoken to with regards to such matters.

Thanks again

[2222]

Starting at the end, the 'lies' are opinions about your performance And behaviour that your employer is entitled to have and communicate to OH. You are entitled to disagree, but I would avoid saying these are lies. I think the history from two years ago is also highly relevant.

The employer is clearly entitled to tell your colleagues you are off work sick. Saying it's stress is probably wrong, but hardly the GDPR crime of the century.

I am far far more concerned about the allegations of 'at it' and 'not right in the head'. I don't think this is disclosure of sensitive personal information, because it's just a personal opinion/insult, not backed up by any data. However, it may amount to constructive dismissal, making it impossible for you to go back to work with the same people. You should discuss this with a solicitor who specialises in employment law. Or your union if you're a member.

I'd be inclined to follow that route rather than worrying about the niceties of data protection. In any case, the information commissioner won't do anything. He rarely does.

there are people here who are far more knowledgeable about all this than me, and hopefully one will be along soon!

[Kibeem8731]

Starting at the end, the 'lies' are opinions about your performance And behaviour that your employer is entitled to have and communicate to OH. You are entitled to disagree, but I would avoid saying these are lies. I think the history from two years ago is also highly relevant.

The employer is clearly entitled to tell your colleagues you are off work sick. Saying it's stress is probably wrong, but hardly the GDPR crime of the century.

I am far far more concerned about the allegations of 'at it' and 'not right in the head'. I don't think this is disclosure of sensitive personal information, because it's just a personal opinion/insult, not backed up by any data. However, it may amount to constructive dismissal, making it impossible for you to go back to work with the same people. You should discuss this with a solicitor who specialises in employment law. Or your union if you're a member.

I'd be inclined to follow that route rather than worrying about the niceties of data protection. In any case, the information commissioner won't do anything. He rarely does.

there are people here who are far more knowledgeable about all this than me, and hopefully one will be along soon!

Thanks very much 2222

I'll speak to a solicitor. I'm not a member of a union. It might not be crime of the century to some people or the ICO, but knowing that my mental health is being disclosed (and indeed belittled) to people I work with is a big deal with me.

I should have added with regards to me referring to lies, my employer has told the OH Dr, that he has spoken to me about continued poor performance, deterioration in performance, and other matters. He has also stated that my behaviour is impacting my colleagues (not management or admin staff etc) and that they have expressed their concerns to him. He has never spoken to me about poor performance or anything of the sort. I have 4 colleagues at work, 3 of them told me about the disclosure and have said to me that what my employer has said is nonsense. The 4th employee/colleague is a very good friend and has also said that the comment about any of my colleagues expressing my concern is not true. I don't believe that such comments are opinions- but are in fact lies.

As I said I will speak to a solicitor and thanks again.

[2222]

In case it wasn't clear, I totally agree that belittling you and your mental health to other employees is indeed very serious. It should not have been done, as it undermines the relationship between you and the company, as well as making it hard to work with your colleagues again. I'd concentrate on that, rather than the data protection aspects.