Data Protection / Court Order

[AngelJ]

OK, would REALLY appreciate hearing other folks thoughts on my predicament......

Employer says I did something on home PC to do with work email which I shouldn't have. I didn't.


Gets to disciplinary; employer presents part of email from SKY where employers quote IP address that was briefly mine (they got it from me/their logs). Email is conversation between SKY & employer about said IP address' origins (dynamic address pool blah blah blah).

At hearing I mention a conversation I had with SKY, employer ignores cos they've email & I only have my say.

Lose disciplinary hearing, am sacked, lodge appeal.
Contact SKY to get info. Send email 4 times as I hear NOTHING...... not even a 'we've got your email & you're important to us, we'll get back to you in about 9 weeks'.

Phone customer care - say to contact customer relations by fax. Send fax. Want to check it got through. Get tel from this FAB website who put me through to Customer Relations. "Can take up to 7 days for a fax to be scanned and attached to your account".

Explain problem, LOVELY man gives me his direct email to send request.

Send email. Get email from 'Investigations Manager' asking what info I got & from where, what employer got & from who, was court order obtained? I email back (obv no court order cos NOT a criminal matter). I get email from him saying basically no court order, no info.

A) I was only asking for general operational information relating to router, firmware, set up of, connections. NOTHING about my account with them.
B) employer mentions an IP address which was mine briefly.
C) SKY talk to employer who is NOT a customer, but won't talk to me.

Am I mad??? Or have they seriously messed up?!
(and ditto my employer for soliciting information obtained improperly)

OHMYGOD this company is an absolute JOKE!!!


Answers on a postcard please

[Ned Ludd]

I don't really think this is the place for this. Without hearing both sides of the story , how can anybody make a rational comment?

[AngelJ]

The facts of the matter are as stated above.

Anything else relating to the situation isn't relevant to my immediate concerns r.e. Sky - i.e. it looks like they've broken the law and are now putting their fingers in their ears & going 'lalalalalala we're not listening'.

I just wondered what other folks thoughts were on it, that was all.

[Isitme]

So it looks like Sky have revealed information to your employer about your account without your consent or a court order. If this is the case, it is very disturbing. It does not sit very well with Sky's statement that they will not give out personal information to third parties without a court order.
I have to agree with Geoff though, I doubt if this forum is the best way forward for you. You would be better going to a forum like Employment Problems - The Consumer Forums there are members there who are trained in this type of problem who may be able to give you better and more relevant advice.

[AngelJ]

Hi,

They have certainly discussed my information with a third party - but not actually given anything out - well, not in the part of the email I've been given by my employer.

Would be interesting to see the WHOLE thing.

I appreciate what you're saying about the other forum, but the employment law side of it is for the most part sewn up (no lawyer as simply can't find a decent one that doesn't want me to consent to pay a lump up front! but enough techy evidence to tie them up in knots for months!).

I really put the thread on here cos I was curious to see if anyone else has experienced anything like this with Sky and to see whether people agreed Sky had done something wrong - but I'm confident they have - hence them now being VERY cagey!

Thanks for your reply - it's appreciated.

[fihart]

I think I would write to the Managing Director of Sky giving a more detailed version of what you have stated in your post.

Meanwhile I would try to ascertain which Ombudsman-type authority is most likely to be able to help you -- the issues seem to touch on Comms and Data Protection.
If you make no progress with them, see your Member of Parliament at their monthly surgery or write to them.

You should probably be looking at formal legal advice because if you were fired unfairly as a result of information which was misleading, or should not have been revealed or was obtained by deception you may be seeking considerable damages. There may be a Community Law Centre in your area or a solicitor who will give you a fixed fee interview.

[mattylad]

Sorry if its a bit late, but I dont understand how an employer can say anything about you doing something for work in your own time on your own home PC?

You have not abused your employers equipment or used their services so on what grounds did they sack you?

Sky's DPA breach aside, you ought to be able to take it to a tribunal at the least?

[AngelJ]

Hey Matty - aside from the fact their morons....... LOL
Long story short (this isn't really the forum for this is it...?) Guy I've had ongoing problems with for a while said I went into his email by remote access and 'caused mischief'..... I didn't. He's been out to get me for a bit.

Breach of IT policy...... sacked. So close to proving what nonsense it it....keep your fingers crossed! Cos this would be THE sweetest victory of all!!

[AngelJ]

fihart - sorry! Didn't see your post - or the email they sent to tell me about it it would appear!! LOL

Yeah - am on the case with Sky & the ICO (what was the Data Commissioner), who have already said they think I have a case.

I kinda figured as much by the way the 'Investigations Manager', I've been trying to get answers from, has behaved!!

A friend of mine sent me this quote which sums it up quite well....
"We must love stupid people better than ourselves; are they not the really unfortunate ones of this world? Do not people without taste and without ideal grow constantly weary, rejoicing in nothing, and being quite useless here below?"

[shaunybhoy]

i would go for a "subject access request" from sky will cost you around £10 this wil provide you with every little bit of info on your sky account this includes the likes of dates/times your account was entered any notes on the account and reasons why the account was entered etc etc