How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

From August 2016 we will be circulating the information

Resolved Question:

From August 2016 we will be circulating the information available to our company on Fleetmatics tracking software to all employees with trackers or access to the tracking software. We will be looking at driver safety scores and speeding violations incurred by Company fleet vehicle drivers in order to improve fleet efficiency, reduce fleet expenses and above all improve driver safety.
Commencing August 2016 more detailed reports will be issued showing not only the safest drivers but those drivers with the most offences. Please be mindful of this and endeavour to improve your score.
Providing we take out individuals names when sitting down with employees within various regions are we contravening any laws by sharing this information in order become more efficient and reduce our fleet maintenance costs ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. So to clarify when you share this data, what exactly would be visible to the employees you are discussing it with?

Customer: replied 1 year ago.

Items such as speeding violations/ harsh breaking occurences. This information is being discussed in order to prevent any serious accidents from happening. The top 10 best drivers has been shared in a Health and Safety bulletin however I'm note sure I am in agree with publishing names to the rest of the business.

Expert:  Ben Jones replied 1 year ago.

The main issues here would be to do with data protection and that includes any personal information about an individual. In order to qualify it must be data from which a person can be personally identified. So a name would likely be sufficient to amount to that. Once you have personal data in your possession you need to ensure that it is processed fairly. For example, one of the principles you must adhere to is that data is processed for the reason it was initially obtained so if you had not obtained the data to share it with others, rather it was just collected for your own requirements, it may be going beyond what you are allowed to do if you were to share it. I would therefore suggest that unless you have the person's specific consent (whether they are at the top or the bottom of the list), you should not share the identifiable elements, such as names or any other information from which the individual can be identified. Sharing generic data about driving styles, incidents, etc is fine but just keep it to this, without naming individuals, unless you have their specific consent to do so.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and other Employment Law Specialists are ready to help you