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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it legal or advisable for my name to be on view on my company

Customer Question

Is it legal or advisable for my name to be on view on my company parking permit if this permit can be viewed by the general public when parked at work
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Is this a requirement of your employer please or the owner of the car park or both please?

Customer:

requirement of employer

Joshua :

Thanks. Do I understand that you are uncomfortable with your name being displayed on the same? If so have you raised the matter with your employer?

Customer:

Yes and Yes

Joshua :

Thanks. What was their response?

Customer:

stop making a fuss

Joshua :

Thanks. Finally have they been able to explain why they require you to display your name on the same?

Customer:

No

Joshua :

Thanks. You employer has substantive duties under the Data Protection Act to keep your personal information safe and are not allowed to misuse or broadcast this information without consent. An employer can seek permission to use your name for example on a website as part of "the team" and so on and there can therefore be some quite legitimate reasons an employer may wish to broadcast your name and make ask you for permission to do so either as a condition in your employment contract or after your employment.

Joshua :

Any uses of your information must be proportionate and must have your consent where it is being made available to the public in some way. As to how this translates into a parking permit...

Joshua :

It is not obvious to me why they need to display our name on a permit. If it is for the purposes of identifying the owner of a car then it would not be difficult to assign a number for example to each permit to identify them on a list or some other simple method to allow identification. You do not have to display your name on a car by law (obviously) and on the basis that a) you have not given permission to have your name displayed and b) there is no (to me at least) justifiable reason to display your name to the public on the above basis there do appear to be grounds here for a complaint.

Joshua :

How far you wish to take the matter on the other hand is a matter for you. Ideally you would be able to reach an agreement with your employer for example to remove your name from the permit rather than take formal action as the latter could have consequences (albeit not ones which the employer will admit) in terms of your career potentially. Certainly they could not take disciplinary action against you but they could for example pass you over for promotion for "other reasons" and so on.

Joshua :

If you do decide to make a complaint however you can initially raise a formal grievance with your employer by letter asking them in particular to explain why it is necessary to have your name on the permit in view of the Data Protection Act requirements and if you remain unsatisfied refer your complaint to the Information Commissioner.

Joshua :

http://ico.org.uk/concerns

Joshua :

He has the power to impose fines and make recommendations and orders with regards XXXXX XXXXX of the DPA.

Joshua :

Is there anything above I can clarify for you?

Customer:

No Thanks

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