elsiegee40 Posted December 20, 2021 Posted December 20, 2021 When an employee leaves an organisation, certain data is kept for 6 years after they leave by law. A friend of mine, a retired teacher who has no desire to go back to the classroom, has been enquiring whether her former MAT would breach her rights under GDPR if they used this data to contact her to ask her back? I thought I’d ask as many schools are undoubtedly thinking of this now. @GrumbleDook? Anyone else?
jmak Posted December 20, 2021 Posted December 20, 2021 Depends on why they originally told her they were storing her data. If you collect, store and process data you can't use it for something you hadn't thought of at the time.
elsiegee40 Posted December 20, 2021 Author Posted December 20, 2021 Depends on why they originally told her they were storing her data. If you collect, store and process data you can't use it for something you hadn't thought of at the time. Some may have asked about supply teaching I suppose
hardtailstar Posted December 20, 2021 Posted December 20, 2021 I'm guessing the MAT didn't ask on their exit from the MAT. My past school asked all leavers in the days before GDPR if contact details could be kept so could be contacted in future if needed.
GrumbleDook Posted December 21, 2021 Posted December 21, 2021 (edited) Employment data on staff in schools may be kept for far longer than 6 years, due to the needs around historic safeguarding enquiries. The majority of data about them may have been deleted, but some still held. Edited December 21, 2021 by GrumbleDook 1
enjay Posted December 21, 2021 Posted December 21, 2021 She could submit a request to have her data removed. If they don't still need it, they'll delete it and then can't contact her about supply work. If they still require it for historic safeguarding purposes, they can't contact her about supply work. 2
GrumbleDook Posted December 21, 2021 Posted December 21, 2021 She could submit a request to have her data removed. If they don't still need it, they'll delete it and then can't contact her about supply work. If they still require it for historic safeguarding purposes, they can't contact her about supply work. If they hold a record of her as a qualified teacher, who has previously worked at the school (safeguarding, pension, employment history and other reasons), then there could be a Public Interest arguement for the use of the data. It all depends on what may have been in any contract of employment. It's one of those things that is never cut and dried. We also need to remember how desperate some schools are, but I am sure that if she contacted the school to say "thanks, but no thanks ... and please only contact me for strictly required reasons in future", and I am sure the school will oblige. It can be considered the use of the Right to Object. 2
Ditto Posted December 21, 2021 Posted December 21, 2021 Employment data on staff in schools may be kept for far longer than 6 years, due to the needs around historic safeguarding enquiries. The majority of data about them may have been deleted, but some still held. Presumably the retired teacher could request some data to be deleted (right to erasure) to prevent unwanted approaches. Would you think a request to return to teaching comes under PECR regulations too?
jmak Posted December 21, 2021 Posted December 21, 2021 (edited) They could reply using this as a template, originally published in the The Guardian's letters page: “Dear former teacher, we have made such a complete mess of protecting our vulnerable children and adults in schools, with no masks, distancing, air filtration or adequate ventilation, that many teachers are now absent from school suffering from Covid after repeated exposure to both the Delta and Omicron variants. Please would you, as a former teacher, sacrifice your own health to replace them, even though you probably left the job you loved because of $reasons? “We are especially appealing to retired teachers, as you are of course especially vulnerable to this coronavirus and have probably tried hard to keep yourself safe and healthy for the last two years, not even seeing your grandchildren as much as you would wish. You will be on a zero-hours contract, through an outsourced agency that will take more than half of what the school pays you. We can guarantee that teaching is nothing like the profession you left; you will not be expected to care about the mental health of vulnerable children, but you will be blamed for their attainment in exams failing to reach Ofsted’s arbitrary standards.” https://www.theguardian.com/education/2021/dec/20/wanted-former-teachers-who-dont-mind-risking-their-lives? Edited December 21, 2021 by jmak 2
Ditto Posted December 21, 2021 Posted December 21, 2021 I don't disagree with the sentiment, but surely that's a political post? It even has the word government in it
jmak Posted December 21, 2021 Posted December 21, 2021 I don't disagree with the sentiment, but surely that's a political post? It even has the word government in it You're probably right. I've edited it now. Obviously it wasn't an expression of my opinion, just something I read that abused me[emoji57]
mikeprice Posted December 22, 2021 Posted December 22, 2021 You're probably right. I've edited it now. Obviously it wasn't an expression of my opinion, just something I read that abused me[emoji57] Miss Miss Miss It's not just me Miss!! 3
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