GDPR Advice
 

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GDPR Advice

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My merchant banker of a line manager has just shared my personal phone number in a newly created by him WhatsApp group with all my colleagues without my consent.

Is he in breach of GDPR protocols or other legislation?

I is not a happy bunny.


 
Posted : 20/06/2022 9:27 pm
 mj27
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Have done 2 hours of GDPR training this morning.

A personal phone number is protected personal data, along
with your DOB, address, salary.


 
Posted : 20/06/2022 9:34 pm
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^ that.
Work phone number, no.
Personal, is under GDPR.


 
Posted : 20/06/2022 9:37 pm
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The more pertinent question is: So what?

Leave the group, ask your line manager to not do it with your personal number again as you'll get pinged at gawd awful times but you'd be happy to have a work mobile on there.

Or you could get shirty about GDPR with someone you need to have a working relationship with.


 
Posted : 20/06/2022 9:41 pm
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Flag to HR and your boss...if it was done without consent or permission. Work numbers are different but personal numbers shouldn't be shared out.


 
Posted : 20/06/2022 9:43 pm
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Yes he has shared personal data without consent.

The use of WhatsApp within ghe business shoukd have been risk assessed with a DPIA Data Privacy Impact Assessment prior to use, there should be an acceptable use policy as a minimum.

Do you have a DPO or a Person responsible for data protection (you legally should have) report it to them or the ICO.


 
Posted : 20/06/2022 10:42 pm
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Was in an accident? Can it be rectified? Do we need to get so Sooty and Sweep about it.


 
Posted : 20/06/2022 10:50 pm
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Beyond the GDPR issue....

Is the whatsapp group for work or inter work colleague bants?

Do you have a work mobile?


 
Posted : 20/06/2022 10:55 pm
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Also, can the number be identified as yours? When you set up WhatsApp you give yourself a name, but it doesn’t have to be linked to you, in as much as your username here doesn’t have to be your full name. All you boss has done is added a number, he’s not told the group that it’s your number has he? You may have done with your profile settings though.

I’d just remove myself from the group and ask not to be readded if I was as miffed as you say you are.


 
Posted : 20/06/2022 10:56 pm
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tomhoward
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Also, can the number be identified as yours?

I think it usually won't be till you post something in the group, then some kinda name will appear that's associated with your whatsapp. I'd leave the group and ask the boss not to do it again. and get a work mobile if it's essential.


 
Posted : 21/06/2022 1:06 am
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Have done 2 hours of GDPR training this morning.

A personal phone number is protected personal data, along
with your DOB, address, salary.

Absolutely anything that can be used to identify an individual would fall within the remit of GDPR.

I suppose there's the off chance that the manager has conducted a Legitimate Interest Assessment beforehand, but i can't see a way that would be reasonably justifiable when its the simplest thing in the world to just ask "mind being in this WhatsApp group" And it certainly doesnt seem like the OP was reasonably expecting it.

Seems like a dick move to me, through either not giving a shit, or not bothering to think about whether someone might not want it.

Id just leave the group and ask not to be added without consent again rather than kicking off tbh.


 
Posted : 21/06/2022 6:54 am
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^ that.
Work phone number, no.
Personal, is under GDPR.

“‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/what-is-personal-data/#:~:text=%E2%80%9 C'personal%20data'%20means%20any,location%20data%2C%20an%20online%20identifier


 
Posted : 21/06/2022 7:00 am
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What would you have done if GDPR didn't exist? I'd probably leave the group, have a word with your line manager telling them I don't want to use my personal mobile for work then get on with my life. Do that. Dragging HR, DPOs or whatever into a single instance of sharing one phone number seems a bit extreme.


 
Posted : 21/06/2022 7:44 am
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Irrelevant of GDPR do you use that number as your work 'contact' number?

I do as I CBA to carry 2 phones around (we do have an option of a work mobile) and I've had my current mobile number for +20 years - and as an ex-Contractor was comfortable with using the same number for both. And I have an agreement with my Manager that if he really needs me (and I'm not online), he's to text me to ask me to ring him.

If you've a work number, substitute it in the Whatsapp group.

Otherwise make a point of putting any work call contact into your contacts so if you don't want to answer, you'll know who you're not answering.


 
Posted : 21/06/2022 7:57 am

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