GDPR Disciplinary Video
A client is concerned about a video recorded by a third party at a professional event hosted by their employer, which has been proposed as evidence in a disciplinary matter. The video shows the client displaying inappropriate behavior while seated, but does not reveal the other party involved. The client worries about privacy rules and potential breaches of data protection regulations, as the video may have been shared beyond what the employer has disclosed. Upon raising these concerns, the employer opted not to use the video but chose to collect witness statements instead. The client, having experienced a blackout due to substance interactions, claims this behavior is atypical and insists it was an isolated incident, which they argue is causing reputational harm.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my employer legally use a video taken by a third party at a work-related event as evidence in a disciplinary action against me?
Employers may use a video taken by a third party as evidence in disciplinary actions if it is relevant to the investigation and complies with data protection laws, requiring a valid basis for processing personal data. The video must relate directly to the allegations, and the context of the event and reasonable expectations of privacy are considered. Although the evidence in question has been retracted, conduct at work events may still be scrutinized. Employers should follow fair processes and apply consistent disciplinary standards.
What are my rights under data protection laws regarding the sharing and use of this video by my employer?
You have rights related to the processing of personal data, including video recordings, under applicable data protection laws. Your employer must have a lawful basis for processing your data, and you are entitled to request access to your personal data, which includes how it has been shared. If you suspect a breach has occurred, you can complain to the relevant regulatory authority.
Is it possible for me to contest the claims of reputational damage and demonstrate that this was an isolated incident?
Yes, you can contest reputational damage claims by showing that the incident was isolated and emphasizing your previously unblemished record. Collect character references from colleagues or supervisors to support your professionalism. Noting that the event was special and different from the typical work environment can strengthen your case. Additionally, demonstrating that substantial reputational harm has not occurred related to the incident may aid in your defense.
What should I do if I suspect the video has been shared more widely than I have been told?
Request access to your personal data under data protection laws to find out who has viewed or received the video. This includes the ability to inquire about any potential breaches of privacy regulations. You should also seek clarification from your employer regarding their data handling and sharing practices.
Could my medical condition and the interaction of substances be considered a mitigating factor in this disciplinary process?
Yes, your medical condition and the impact of substance interactions could be mitigating factors in the disciplinary process. Employers should take into account health issues that may have influenced employee behavior. Supporting your claim with medical documentation can emphasize that this behavior was a one-off occurrence.
