In an article on his personal blog, data protection specialist Jon Baines highlights a former further education teacher's claims against Tameside College and three of its employees concerning misuse of private information, data protection violations, and breaches of the Human Rights Act have been dismissed by the High Court. The teacher was suspended following revelations of previous dismissals from other institutions, which prompted the College to investigate by sending reference requests to former employers. The investigation was further informed by the discovery of social media communications in which the teacher, while under suspension, had engaged in inappropriate exchanges with students and sent threatening messages to colleagues.
The case was made all the more interesting after the Information Commissioner's Office (ICO) found that sending reference requests was neither fair nor transparent and was deemed incorrect.
The court clarified that the College's processing of personal data was lawful under the UK General Data Protection Regulation (GDPR), stating it was necessary for the purposes of the contract of employment as well as ensuring staff and student welfare. In addition, human rights claims that alleged unlawful monitoring and surveillance were also dismissed.
Ultimately, the court struck out the claims related to data protection and the Human Rights Act, clarifying that the College's actions were justified and lawful.
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