I also have some attachments for reference if I could send them via email etc...
Hi, sorry I was offline by the time you had replied. It appears that there is a bit of a stand off here between yourself and the employer in terms of the usage of this monitoring function on company vehicles. Whilst there are specific laws that deal with data protection and human rights, you are mainly relying on non-statutory guidance here and various interpretations of the regulations. So there would be no direct or specific law which deals with the situation and you are going to have to try and apply the laws to your situation as best as you can. The issue with that is that one person’s interpretation will not necessarily match another person’s and if a difference in opinion exists the only way to resolve this for good is through court. The further issue that then arises is that one judge on one day could have a different opinion than another on a different day and there will always be a degree of uncertainty in such situations.
I understand that you have suggested a privacy button, which has been rejected and now the employer has proposed to collect the data and then to sort it into private or business usage. You object to that because you argue that the data would already be collected. The law says that the relevant data must be processed fairly and lawfully, obtained for lawful purposes, adequate and relevant, accurate, not kept by the company for longer than is necessary, treated in accordance with the employee's rights and kept securely. So it is actually possible for the employer to still collect the data if they keep to these principles, even if you object to it. This will all come down to whether it is considered the employer has satisfied these conditions – however, as mentioned you are relying on guidance only to assist you with this and an interpretation of that guidance, which is not as definitive as having a specific law in black and white.
My interpretation of the guidelines are that why is it ever lawful just or proper for an employer to collect any data relating to me or my girlfriend, of private journeys, in my own personnel time against my will and without my consent albeit in a company car they own. The long standing precedent of using my vehicle for Private use is a separate issue. This is a Data collection issue. I have escalated this to the ICO for their guidance. Please advise where I can take this next.
your options of taking this further are as follows:
1. Internal grievance
2. Resignation and a claim for constructive dismissal in the employment tribunal
3. Making a complaint to the ICO
4. Going to court if you have suffered damages as a result of a breach of data protection (probably unlikely here as no losses have been or would be suffered)
Hope this clarifies your position?
Yes thank you for your help.
you are welcome, all the best