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Electronic systems and facebook

1. Electronic systems

We have been in correspondence with HMRC over the past few months concerning the use of electronic systems in discipline cases involving time disputes.

Throughout this time PCS has maintained that HMRC should not be using information obtained from CCTV cameras, computer log ins, swipe cards etc as there is no agreement with the TUS for this to happen. The only agreement published on the Intranet is the former IR agreement which was simply updated to read as HMRC.

Despite our objections to this HMRC has maintained that the Data Protection Act (DPA) allows them to access this information and to use it as evidence in “disputes over time keeping” errors. In addition, a this issue when submitted as grievance under the new new “Resolving Issues policy” fail HMRC’s grievance test” and consequently no further investigation will then take place.

We have made HMRC aware of our objections to this stating that we consider this to be not in keeping with the complaints process as stated in the DPA. This states that an individual has a right to make a complaint to the Information Commissioner but should only do so after they have pursued the issue internally. The only internal process for making a complaint regarding this in HMRC is within the resolving issues policy.

We are seeking to have this test failure overturned not least because we have believe that the DPA is an issue that has been omitted from HMRC’s list of legislative issues which they consider will pass their test.

Individual cases should continue to be pursued and we will continue to pursue this including seeking legal advice. HMRC has acknowledged that the issue needs to be discussed with the DTUS and we are currently arranging to meet with them.

2. Facebook

HMRC published an Intranet announcement that all staff MUST not identify themselves as members of HMRC when entering personal details on Facebook sites on their own private computers.

This announcement was made without the agreement or knowledge of the TUS. Strong objections were made by PCS negotiators and an apology for the publication of the announcement and the content has now been given. Another announcement will be made by HMRC regarding this issue in due course.

HMRC has signalled that this issue, along with the DPA and use of electronic systems, should be discussed with the DTUS in order to formulate an HMRC policy. We have agreed to this and will be meeting with them as soon as this can be arranged.

Any comments on these issues should be sent to Helenw@pcs.org.uk or Lewis.j.Bevan@hmrc.gsi.gov.uk