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Data protection act and CV

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How does the data protection act cover CV's ? For example i currently work for a company who have a copy of my CV , can they use it as they wish to bid for other contracts without my express permission ?   The CV has not been updated since 2012 and I refused to give them an updated version so it is pretty useless. 

 

I have expressly forbidden them to use my personal data and CV in a forthcoming contract bid as I intend to move companies. My understanding is they will be in breach of the data protection act if they do use it. 

I've told them verbally but should also write them a letter stating my wish and any useful legislative info.

 

 

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My company asked us to create a CV for just that purpose. 

Team leaders were then tasked with ensuring that it was kept up to date

by confirming annual updates.

 

Ended up as a huge, unworkable database...

 

Betriebsrat / workers council also didn't want this, but

the management argued that so many people write so much stuff

on FB et al, that the company "knows" what employees are doing offline.

 

If you write to your HR specifically stating no use of my CV for externals (incl. customers)

then that should be the end of it.

 

Cut and paste of my CV would be unworkable for a customer offer.

But using a line like

"we have 25 certified engineers with a total of 250 years work experience"

would make an offer more attractive. Can't see that being prevented.

 

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Why can't you/your company create an anonymous CV?

Experience, projects, skills etc.  just without any personal details.

 

This should be enough to convince an external company if you are the right person for a role or not.  And I have seen this done already a long time in the past,

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So my question maybe was not clear. I don't want my current company to use my data / CV in their bid. I have already give permission to a new company to use my data/CV in their bid. I want to ensure that my current company do not use me in their bid , some legislation references should be enough wrt GDPR to stop them. The other alternative is to resign now! 

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This should be covered by the GDPR. Take a look at this:-

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/

 

Quote

When does the right to erasure apply?

Individuals have the right to have their personal data erased if:

  • the personal data is no longer necessary for the purpose which you originally collected or processed it for;
  • you are relying on consent as your lawful basis for holding the data, and the individual withdraws their consent;
  • you are relying on legitimate interests as your basis for processing, the individual objects to the processing of their data, and there is no overriding legitimate interest to continue this processing;
  • you are processing the personal data for direct marketing purposes and the individual objects to that processing;
  • you have processed the personal data unlawfully (ie in breach of the lawfulness requirement of the 1st principle);
  • you have to do it to comply with a legal obligation; or
  • you have processed the personal data to offer information society services to a child.

 

This is written for a data-controller rather than from a subject, so for all those 'YOU' statements replace with 'Your company'.

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30 minutes ago, Jannerman said:

I have already give permission to a new company to use my data/CV in their bid. I want to ensure that my current company do not use me in their bid

 

Rather than you preventing your current company from using your CV, I’m wondering if your current company can take action against you for already working** in behalf of your next company, for whom you do not officially work. 

 

** Advertising your expertise and experience for client acquisition

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1 hour ago, Jannerman said:

How does the data protection act cover CV's ? For example i currently work for a company who have a copy of my CV , can they use it as they wish to bid for other contracts without my express permission ?   The CV has not been updated since 2012 and I refused to give them an updated version so it is pretty useless. 

 

I have expressly forbidden them to use my personal data and CV in a forthcoming contract bid as I intend to move companies. My understanding is they will be in breach of the data protection act if they do use it. 

I've told them verbally but should also write them a letter stating my wish and any useful legislative info.

 

Without knowing your exact situation, I would guess that as long as you work as a fixed employee for the first company, they can use your CV in bids.   

 

If i ran a small business with consultants and one of them told me what you have said without having given notice, I would be talking with HR to see if they could be put on some sort of probation as the first step towards termination.   I don't know how it works here.   

 

Put yourself in their position. 

 

10 minutes ago, A.N.Other said:

 

Rather than you preventing your current company from using your CV, I’m wondering if your current company can take action against you for already working** in behalf of your next company, for whom you do not officially work. 

 

** Advertising your expertise and experience for client acquisition

 

Some contracts have a clause which forbid other employment/engagement without the primary employer's written consent.  

 

 

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You situation is really not clear, but I think you need to be careful.

 

If you are a normal employee for a consultancy (or similar) who rely on selling your skills and you refuse to allow them to do this then you could be in breach of your contract.

 

Also, GDPR rules state that the company storing, processing and distribution of data must be justified and relevant.  But what exactly this means is not clear (until it goes to court the first time).  But I would suggest that a consulting type of company do have a justified reason for this data and without it they cannot perform their business.

 

Also, you have probably already given them such permission as you have been there a while.  So then you would need to officially withdraw such permission and then if this stops the company doing there business then you could be fired and sued.

 

Also remember that as a normal employee you cannot legally refuse work from your employer (under normal circumstances).

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Some good advice here thanks. I now believe the only way is to resign from my current company with a long notice period , this way they cannot guarantee I will be an employee of theirs for the new contract start and therefore cannot use my name/details in their bid. All very messy :-( 

 

They have a very old copy of my CV and I assume by refusing to give them the latest version I am not in the wrong ?

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Can they not just update with whatever you've been doing at the company for the past few years, and then ask you to approve it's ok?

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43 minutes ago, arsenal21 said:

Can they not just update with whatever you've been doing at the company for the past few years, and then ask you to approve it's ok?

 

You are missing the point I don't want them to use me full stop,  so I am not going to help them. They haven't a clue what I do on daily basis so it would all be fabrications. 

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1 hour ago, Jannerman said:

Some good advice here thanks. I now believe the only way is to resign from my current company with a long notice period , this way they cannot guarantee I will be an employee of theirs for the new contract start and therefore cannot use my name/details in their bid. All very messy :-( 

 

If you want to disassociate yourself from your current company, that seems reasonable.   If you want a long notice period and have not yet quit, I will assume there are other details.     You can probably imagine that your viewpoint could be interpreted as a bit odd.   Why not leave as soon as possible and get on with your career?

 

If your current company cannot use your CV because you might not be an employee of theirs in the future, how can the new employer use your CV ?     Can the new company guarantee that you will be on board?  

 

 

 

 

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In summary: you haven’t even quit yet, but your allegiance already lies with another company and you are actively working against the interests of your current employer and in the interests of this other company. 

 

Have I got that correct?

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5 minutes ago, balticus said:

 

If you want to disassociate yourself from your current company, that seems reasonable.   If you want a long notice period and have not yet quit, I will assume there are other details.     You can probably imagine that your viewpoint could be interpreted as a bit odd.   Why not leave as soon as possible and get on with your career?

 

If your current company cannot use your CV because you might not be an employee of theirs in the future, how can the new employer use your CV ?     Can the new company guarantee that you will be on board?  

 

 

 

 

 

The issue is the new contract does not start until early next year. The new company have my guarantee I will join them in terms of a contract

 

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6 minutes ago, A.N.Other said:

In summary: you haven’t even quit yet, but your allegiance already lies with another company and you are actively working against the interests of your current employer and in the interests of this other company. 

 

Have I got that correct?

 

Largely correct , it is highly unlikely my current company will  win the bid for the new contract and I will be out of a job. Therefore I have no option to move to another company and ensuring that I am not in my current companies bid will make things easier. 

 

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20 minutes ago, Jannerman said:

 

The issue is the new contract does not start until early next year. The new company have my guarantee I will join them in terms of a contract

 

I will take a wild guess where you work based on the location and the description of the contract.    A contact of mine worked there (if i am correct) more than 15 years ago.    To say he was a bit strong headed would be fair.   Unfortunately, he pissed a few people off and it limited his opportunities pretty severely for a long time.   

 

If the community is small and everyone knows each other, there is a chance you will run into your current managers or colleagues within a few years. 

 

My opinion based on limited info:    unless you have a signed, stamped contract from the new company in hand, update your internal CV and be cooperative with your current employer until you leave.   

 

Good luck. 

 

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36 minutes ago, Jannerman said:

 

Largely correct , it is highly unlikely my current company will  win the bid for the new contract and I will be out of a job. Therefore I have no option to move to another company and ensuring that I am not in my current companies bid will make things easier. 

 

 

Would you be out of the new job if they don’t win the contract?

 

Sounds to me like you aren’t only biting the hand that feeds you, you are also putting all of your eggs into one basket, and that basket may never come to exist. 

 

Karma is a female dog my friend. 

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1 hour ago, A.N.Other said:

 

Would you be out of the new job if they don’t win the contract?

 

Sounds to me like you aren’t only biting the hand that feeds you, you are also putting all of your eggs into one basket, and that basket may never come to exist. 

 

Karma is a female dog my friend. 

 

 

Correct out of a job if new don't win the contract, if old miraculously win position would unbearable. My eggs can only be in one basket is the problem. 

 

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1 hour ago, Jannerman said:

 

 

Correct out of a job if new don't win the contract, if old miraculously win position would unbearable. My eggs can only be in one basket is the problem. 

 

 

Are your current and your future employer competing for the same contract?

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44 minutes ago, engelchen said:

 

Are your current and your future employer competing for the same contract?

 

Yes. Pretty screwed up, huh? Complete conflict of interest, as it would ruin him if his current employer gets the contract. 

 

Great employee to have. 

 

He should at least have the decency to quit. 

 

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