Consultant refuses to remove my details from their database!
Discussion
I dont know what to do! Hellllp! This is an email from their compliance officer:
Dear 'Lostprophet'
Further to your recent emails regarding the request for deletion from our database, I have looked into the situation and comment as follows:
I understand that you originally registered with us in June 2007 and that we have had intermittent contact with you as your career has progressed since then. This included you sending your CV to us in June 2007, April 2009, October 2010, May and June 2011. In accordance with the Data Protection act we have held this information on file for the purposes stated namely, recruitment.
As a recruitment agency, we have to keep certain records on file, and that includes retaining records on which clients we have sent your details to and when, interviews attended, offers made and accepted. This is all information in relation to the purposes for which you sent your CV, ie recruitment. (It is worth noting as well, that clients would expect us to have access to this information, as well as our accounts team in the instance of an offer being accepted, and a client invoiced.)
As stated in our privacy policy, we do use personal data for other purposes – “to provide goods and services, including marketing, advertising and promotions” – essentially we do send promotional marketing literature to you from time to time. In accordance with our Privacy Policy and the Data Protection Act 1988 however – you are entitled to opt out of receiving these communications by writing to us.
In conclusion therefore, I am afraid I am not able to delete your entire records for the reasons stated above. I will however take your email as a request to be removed from marketing communication in the future and delete the contact details we hold for you – telephone, email and postal address. This has the same outcome as you requested, namely that you can be in touch with us in the future, but we will not proactively be able to be in touch with you.
I trust this resolves the matter.
Kind regards
Consultant's Compliance person.
Dear 'Lostprophet'
Further to your recent emails regarding the request for deletion from our database, I have looked into the situation and comment as follows:
I understand that you originally registered with us in June 2007 and that we have had intermittent contact with you as your career has progressed since then. This included you sending your CV to us in June 2007, April 2009, October 2010, May and June 2011. In accordance with the Data Protection act we have held this information on file for the purposes stated namely, recruitment.
As a recruitment agency, we have to keep certain records on file, and that includes retaining records on which clients we have sent your details to and when, interviews attended, offers made and accepted. This is all information in relation to the purposes for which you sent your CV, ie recruitment. (It is worth noting as well, that clients would expect us to have access to this information, as well as our accounts team in the instance of an offer being accepted, and a client invoiced.)
As stated in our privacy policy, we do use personal data for other purposes – “to provide goods and services, including marketing, advertising and promotions” – essentially we do send promotional marketing literature to you from time to time. In accordance with our Privacy Policy and the Data Protection Act 1988 however – you are entitled to opt out of receiving these communications by writing to us.
In conclusion therefore, I am afraid I am not able to delete your entire records for the reasons stated above. I will however take your email as a request to be removed from marketing communication in the future and delete the contact details we hold for you – telephone, email and postal address. This has the same outcome as you requested, namely that you can be in touch with us in the future, but we will not proactively be able to be in touch with you.
I trust this resolves the matter.
Kind regards
Consultant's Compliance person.
That seems not unreasonable. If they have submitted your CV to Company X, and you start working for them later, the agency may be able to claim something, and that's not unreasonable.
If you know how long that clause is active for, you may be able to go back to them after it has expired, and remind the compliance officer of the "no longer than necessary" principle in the DPA.
If you know how long that clause is active for, you may be able to go back to them after it has expired, and remind the compliance officer of the "no longer than necessary" principle in the DPA.
Lostprophet said:
I have found that when consultants/agents leave companies they take my CV with them... seen it a few times now. I dont want a random agent having my CV.
Is that reasonable?
That is reasonable.Is that reasonable?
You can then sue the company for breach of Data Protection or whatever if you like. I am sure their employee contracts cover this.
Edited by sinizter on Friday 28th October 17:57
Lostprophet said:
I want to demand from them that they remove my cv. Am I in my rights to do that? I can't find anything on Google ;(
I think your getting a bit too wound up about this. your objective I assume is that you do not want any contact from them again?they have agreed to do this but need to retain some recods history due to data protection.
So if a consultant steals your CV an moves to another company there wont be any contact info on there now anyway, plus you could make a complaint to new employer about said consultant.
I do not think they are being arkward, just following proceedures (not evil proceedures put in place to wind you up either, but probably set out for ISO standards)
Seperatley, if you have ever applied for a vacancy via a job board (monster etc..) your CV stays on there for a number of years and ANY recruiter can pay the job-board to access your details. (may give you something else to worry about?)
Lostprophet said:
I have found that when consultants/agents leave companies they take my CV with them... seen it a few times now. I dont want a random agent having my CV.
Is that reasonable?
Yur request is reasonable. The person is taking (your) personal data and this is a breach of the Act. The company needs to have systems in place to protect this from happening.Is that reasonable?
It may be worth contacting them topoint this out and ask what they are doing to prevent it. I can see how they may archive such data but they should have a way of putting it off line so it cannot be used in error.
If you wrote your CV then you own copyright to it and can control how it is used.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff