OPC & Data Protection Act - Technical Question

Discussion in 'Railway Jobs & Careers' started by 185, 29 Apr 2015.

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  1. 185

    185 Established Member

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    Bit of a technical question.

    Let's say Sid goes for an assessment, lets say with Broken Trains Limited. Sid passes the assessment, but fails on interview.

    Mrs Broken in their HR Department enters the results into the OPC's RACF database for candidates.

    Six months pass, and undeterred, Sid has an assessment with Awful Trains Limited. Sid passes the assessment, and passes the interview.

    May be a technicality, but at what point, during Broken Trains' assessment does Sid...
    1) Agree to have his personal candidate data given to and be held by OPC
    2) Agree to have those candidate results viewed by Awful Trains?

    With the advent serious money changing hands when businesses pass personal data on to third parties, does anyone know how do train companies nowadays circumvent the data custody laws with the OPCs shared (online, toc-intranet) database?
     
    Last edited: 29 Apr 2015
  2. Jim88

    Jim88 Member

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    I can't see how such data holds any commercial value to anyone so I don't see where any serious money changes hands. As I understand it , the companies that docouldn't oneg (OPC) do so on behalf of the TOCs who are required by regulation to test and recruit drivers to a now european standard. The results of any such tests must therefore be held centrally for all companies to access to check validity and adherence to those regulations. I suppose this is similar to the DVLA holding details of your driving licence and convictions that all police forces have access to should they need to.

    I can't remember whether any of the tests I took involved signing a disclaimer to allow any test results to float off to whomever required them, maybe I did, but frankly I couldn't care less. If you want the job that's how to get it. There is no way to pull the wool over the eyes of any TOC to hide any past failure of any part of the testing process.
     
  3. 185

    185 Established Member

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    Not so much on the ralway, but in civvy life, may ICO judgements against fims who have unlawfully shared data.

    Not quite, there is nowhere candidates are asked, and this is where the problem lies.
     
  4. Jim88

    Jim88 Member

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    What is the 'problem' in your eyes?
     
  5. Jonfun

    Jonfun Member

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    I know when I took my Conductor assessments with ATW they gave me a little sheet on which you had to put your details, and details of any other rail industry assessments you'd passed. I can't recall whether it said anything about sharing data though.
     
  6. 185

    185 Established Member

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    Spot on, Jonfun.. I think companies have to rely on candidates declaring their past assessments. This question was raised at my current workplace yesterday by a candidate, and in fairness she has a valid point... at no point did she allow her previous data to be passed to a third party. I did have to enter candidates data some years ago, and although OPC monitor login details, I doubt the basic system monitors what staff are accessing.
     
  7. Saltire

    Saltire Member

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    I've asked the OPC to confirm what tests I've sat and the results and they, very politely, told me I wasn't entitled to that information as it belonged to the company who paid for the assessment.
    I presume all the TOC/FOC's have a gentleman's agreement to share this information when required.
     
  8. 30 common

    30 common Member

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    Im pretty sure that the data protection act entitles you to see any document/data with your name on it.
     
    Last edited: 30 Apr 2015
  9. Seaza

    Seaza Member

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    It will do. It does need to be put in writing and there may potentially be a small fee (£5). Best thing to enclose a cheque with the letter. There should be standard template for releasing information under the data protection act on Google.
     
  10. Smudger105e

    Smudger105e Established Member

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    The request does not need to be in writing.

    There may be a charge to pay for costs incurred such as photocopying. When I made a request of this type to a local Council, the cost was £10.
     
  11. route:oxford

    route:oxford Established Member

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    It's called a "Subject Access Request". There are very strict guidelines on the timescales.

    I did one a few years ago for a former employer. There was a *lot* of paper as it detailed every single electronic footprint (every individual log-in and log-out) over a 7 year period along with emails, HR paperwork etc.
     
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