(23 Nov 2013, 3:18 pm)fozzovmurton wrote Looking for some advice on Data Protection Policies...

Basically, I had an informal job interview over a Skype Video Feed about 4 days ago for a job in Finland, after a dear friend of mine recommended me. I ended up getting knocked back because of my Criminal Record, now that is not a problem really, I expect my Criminal Record to hamper me a lot, even if my offences were as a minor, the only conviction I have is a daft Drunk and Diz when I was 19...

What this is about now, the lady I spoke too said she would get back to me either way, I was informed by my friend I was rejected on my criminal record, again, not a problem, that is at the employers discretion whether to take a risk on, but I am upset and hurt that is was my friend who told me and as much as I love him, it is surely not the employers place to tell him and not his place to be tell me...

What I would like to know is, do I have a good argument to take it further, can I use the Data Protection Act as a complaint and who do I complain to or, even more extreme is my human rights being infringed...

I dont want to make a big deal of it really, because my past is known to my mate, but everyone is telling me to push it as my mam said 'Whether your pal knows you well or not, who else outside of management has been told'.

Any advice would be grateful, I am upset and hurt by it, and I feel like my trust has been betrayed and broken...

Thanks in advance for any advice, as I would not know the Data Protection Policy if it jumped up and kicked me in the bollocks

Fozz

The way I see it, it is all if's, but's and maybe's.

How did your friend find out - did he ask, was he told or did he stumble across the info lying on a desk?

Either way, he shouldn't have been told or have been able to find out, unless he was part of the recruitment panel.

The Data Protection Act, is British law and I am unsure whether you are protected (if you are at all), due to the job being based in Finland and (I am guessing) the company being foreign.

If it was a British company, based in England, then you may stand a chance of your complaint succeeding - although I am not sure what you would get out of it.

As for the criminal record, check to see if the conviction is now spent and whether the question you were asked - was the right question.
You are not allowed to be asked about a criminal record (certain jobs are exempt from this) under the Rehabilitation of Offenders Act, but you are allowed to be asked about spent/unspent convictions.
Again, the Finland thing may complicate the issue.

Sorry to hear about the job though.
Hopefully one will turn up soon!