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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3978
Experience:  Solicitors 2 years plus PQE
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I work for a company, who is under a malpractice

Customer Question

I work for a company, who is under a malpractice investigation. The company admitted doing the wrong thing. And in response this company has written a reply, in a reply they have named several members of staff including myself. They sent the email to everyone involved. Including me even though I was nothing to do with it.I have not given consent for my information to be used, and I certainly would not have given consent for somebody to suspend me and email this to everybody.Do I have a case under the new gdpr?Kind regards.
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
The second point was around photocopying a copyrighted product.I was accused of photocopying some questions and answer sheets for education. The portfolio had originally been paid for. It got damaged therefore I photoed the pages for the student. They were not distributed to other people. Just to learn who the folder was originally intended for. Have I breached copyright?
Customer: replied 9 months ago.
Sorry I have one more question and that's around mis-selling of information.
We have used a company, for teaching and learning materials.
An apprenticeship is a combination of several components.
This company sold a product called an apprenticeship kit.We spent tens of thousands of pounds using their so-called apprenticeship kits. Only to find out at the end of the course they were not fit for purpose as they did not meet the apprenticeship requirements. Would we have a case for mis-selling a product would we have a case for mis-selling a product?
Expert:  Alex J. replied 9 months ago.
Thank you for your question and welcome my name is ***** ***** I will assist you. In what context were you named in the letter and who was it distributed to? Do you have an employment contact with the company? Kind regards AJ
Customer: replied 9 months ago.
I work in a private training centre. I was asked to look into poor practices which I did. I passed on my findings to the awarding body.The awarding body responded by suspending everyone including myself.The Awarding body emailed everyone in the centre that we had been suspended. The way the letter was written looks like I was part of the poor practices. And I was nothing to do with it as I had only started working at the company that week.I have not given them constant to publicly email the enter team details about me.
Is that anyore helpful? I am really upset they have done this as I feel, if there was an issue with my work. Or my findings they should have only contacted me.So my first question is, is that a breach of data protection?
Expert:  Alex J. replied 9 months ago.
Thank you. Potentially it is a breach of the GDPR as they have used your name (personal data) in an information circular that you did not consent to. However the claim is under Article 82 of the GDPR - which is generally untested at this stage, - until some group litigation or groups of claimants have tested it, it may be a difficult or expensive claim to bring. I would consider other avenues? Would you consider this defamatory? Was investigating the poor practices part of your job or a consultancy role you were paid for seperately?