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GRPR forces institutions to be open with their disciplinary processes. But a problem with this is that by the nature of disciplinary processes, it may or may n
by Silhouette 7y ago
GRPR forces institutions to be open with their disciplinary processes.
But a problem with this is that by the nature of disciplinary processes, it may or may not be appropriate to fully disclose what is being investigated to the subject of the investigation in real time.
Much the same ethical and practical issues arise as when the police are investigating someone for suspected criminal behaviour. Indeed, in some cases, it may turn out that one becomes the other.
Much the same ethical and practical issues may also arise as when dealing with any sort of whistle-blowing, where there is a clear interest in protecting the privacy of the whistle-blower as long as the matter they raise and any evidence they personally contribute can be properly validated and, where appropriate, properly challenged.
- pjc50 7y agoGDPR allows you to stall people for at least a month, which is hardly "real time", and also to not disclose information which would affect the privacy of others.
- Silhouette 7y agoBut neither of those is necessarily sufficient for the sorts of situations I'm talking about here.
- Dayshine 7y agoIn what kind of situation would a month of delay and complete redaction of any information given in confidence by other people? The GDPR requires you to balance the rights of all involved parties.
- Silhouette 7y agoIn what kind of situation would a month of delay and complete redaction of any information given in confidence by other people? Almost anything involving potentially criminal conduct where you need to collect robust evidence without tipping off the suspect might qualify, for example. Or anything where the suspected misconduct happens regularly but at less frequent intervals, such as theft from a monthly or quarterly supply delivery. Also, who says you get to completely redact other relevant information just because someone thought they gave it in confidence? There is no blanket protection under GDPR for such confidences, and each case will need evaluating individually, probably with guidance from a lawyer. The GDPR requires you to balance the rights of all involved parties. Which, like all the other aspects of the GDPR that impose ambiguous rules with no guidance on how to apply them in practice, is not particularly helpful. And of course the GDPR is very far from the only relevant law if we're talking about disciplinary procedures.