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Has my employer and union broken GDPR?

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Guest user Created:   Mar 02, 2021 Last commented:   Mar 03, 2021

Has my employer and union broken GDPR?

I am in an ongoing complaint procedure with my employer which is not based on this point but it has been discussed.
I sent a lengthy email to my Union requesting legal aid because my employer was protracting my return to work process following a long period of sick leave. When chasing up the Union I was informed by a rep not dealing with the case directly that another Union rep was speaking to HR about my return to work.
My reaction was confused as I had not asked for this. I wished to be consulted about legal recourse as per my email to them. I reluctantly replied by text "Ok that's good", as to acknowledge at least they were doing something. But my genuine feeling was annoyance as they had acted outside of their remit. I had not expressly asked them to speak to my employer.
I queried the HR manager as to whether he and the Union had discussed my situation in accordance with GDPR. When pressed he stated yes. My main complaint with my employer is not weighted on this point but I am annoyed that matters were discussed that have had influence on proceedings without me present and no documentation to prove/disprove what was said.
Just to reiterate I made no explicit request for the Union to speak to HR and the notification of it happening was made by text on the notion that it was in motion or happening soon. I felt hijacked.
I hope this isn't too long winded or vague. I just want a rough idea of whether or not this is worth getting professional clarification and pursuing.

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Alessandra Nisticò Mar 03, 2021

I am sorry but your case does not involve the GDPR aspect, but it involves how the Union fulfilled the obligation of providing legal assistance. You should verify with a lawyer if the Union abused somehow of powers of representation you provided to handle the case. From your question I understand that you asked for legal aid, not for legal representation, you provided your personal data, so the Union has the right to process your data. If they misrepresented you, in front of your employer it is an aspect that does not involve data processing. You should contact a lawyer to verify if the Union acted correctly.

Here you can find more information on the legal basis to process personal data according to the GDPR:

If you want to learn how personal data are processed under the EU GDPR you may consider enrolling in our free training EU GDPR Foundations: https://training.advisera.com/se/eu-gdpr-foundations-course//

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Mar 02, 2021

Mar 03, 2021