Breach of Data Protection Act?

[Gill Bailey]

Would appreciate your thoughts on this one! about 8 weeks ago the salon owner (I''m self employed & rent a desk) texted me to "inform" me that she had decided to take someone on full time (I can only work Friday/Saturday til I build up) and the new girl had "kindly" offered to let me use her couch - in room that I had been using for the last 6 months! - when waxing, tinting etc. To cut a very long story short I was furious that she had decided to let me know by text and also that she hadnt bothered to discuss it with me first

. Obviously I appreciate its her business & she can do what she wants but ...
I decided to leave and go on my own, she begged me to stay, crying, saying she trusted me, trusted my judgement etc etc and that she would cancel the other girl coming to salon if I wasnt happy about. It turned out I know this girl and dont trust her an inch (cant go into details, would take too long). So I decided to stay (fool!). But I felt very unsettled after this and a few weeks later a friend told me of a new vacancy going elsewhere. I subsequently got the new job and told the salon owner I was leaving that day. She said she'd decided to sell up anyway in the meantime and the salon would be taken over within 6 weeks by a new person, so I left feeling there were no hard feelings, well almost!!
Today I visited a customer at her home to be told she'd had a message left from this new nail tech (the one I didnt like/trust) telling MY customer that her next infill appointment was now due and that if she would like to call the salon an app. would be made for her! I cant believe the cheek of it!
The only way this new girl could have got this customer's details is if the salon owner had copied all my record cards out, in detail, behind my back one day when I wasnt at the salon. So not only is she trying to steal my customers from me but also surely this is a breach of the Data Protection Act? Understandably my customer was not very pleased that this stranger was calling and obviously had her details as she had declared various serious illnesses on her card for my benefit only. Where do I stand on this one? I havent contacted the salon owner yet as I want to try and check the facts first before I launch in.

 

[mum]

I wouldn't jump up and down too much if I were you!

There is nothing to do with the DPA here and if there was, I'm afraid it's you who broke it.

It's your responsibility to keep clients information secure. If you rented the space as a self employed technician and they were your clients (and not clients of the salon), you should have made sure your clients info was not where anyone could read it. It they were the salons clients then calling them is up to them.

If the info did belong to you then the person taking it was wrong but it should have been locked away

 

[dee78]

Hi,

I have just witnessed a similar situation, where legal advise was seeked and its actually the salon who owns all the record details. It doesnt matter if you are self employed or not. The records shouldn't leave the salon.

Hope this helps a bit.

Thanks

 

[michelle g]

Very tricky and agree with what has already been said.
did you already have this client or did you gain her through
the salon?

 

[collin]

Whils't it is certainly not apropriate for this salon owner to terminate your contract by text and that she deserves a :smack: .

There is however little recorse for you here.

On the matter of the client base I suspect that this remains the property of the salon owner who is fully entitled to sell the salon and concequential ability for a new owner to contact these clients..this is quiet normal.

So I think you are best out of the way from this salon..and well done you for getting a new job and hope you are enjoying this more than the previouse one:hug:

 

[Gill Bailey]

So what do I do if I have no where within a salon to actually lock it up? Do I have to take my record box home every night with me? This client who was contacted was someone who I acquired whilst I was at the salon, not someone who I had before I went there. Does that mean that her details belong to the salon and not me? Is that what you are saying?

 

[mum]

It depends a lot on your arrangements with the salon. As you were only there 2 days a week, presumably appointments were made by the salon. With this type of arrangement the clients belong to the salon so, if the salon was sold as a 'going concern' the clients details would go with it.

If you had an arrangement where you used the space only and only you created your own business (all marketing, promotion, appointments, insurance etc etc) the you could argue the clients belonged to you and you should have the cards locked away (salons should have cards securely kept anyway).

It sounds, on the face of it, that they didn't do anything wrong

 

[Terese]

Have to agree with whats been put already...do you not keep your own records as your self employed?

Id be pleased Id landed a job where I was happier, its in the past your new job is your future:hug:

 

[Gill Bailey]

Thanks for all your comments, Ive taken them on board and have certainly learnt from this! I am going out to buy a box with a lock on it and will put my index record box inside this and make sure its locked each night when I leave it!

And yes, youre right, I am much happier already that Ive moved salons, the girls are lovely, enthusiastic and we have lots of ideas for promoting both my nails side and the hair. I never realised what a bitchy, cut throat business this could be but I'm quickly learning. At the ripe old age of 53 I think I must be too trusting and honest and also a tad naive! But you live and learn, and I certainly am! Thanks girls xxx :hug:

 

[mannipatch]

Sorry for your trouble and good luck with your new job, but I think you will find out that clients belong to the salon.

 

[nailartist]

I don't know how it works in the UK, but in the US, if you're a booth renter (sole proprietor) your client *records* belong to YOU. And the clients belong to themselves.