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Old 21st January 2019, 11:35   #1
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Driving drunk? Hyderabad cops will tell your employer

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Driving drunk? Hyderabad cops will tell your employer-memofordrinkanddrive.jpeg

Growing cases of drunk driving in Hyderabad have prompted the police to take stricter action against offenders. The Police Commissioner has now started writing to employers about the cases booked against their employees.

The letter addressed to the human resource department states that an employee of the company was caught driving under the influence of alcohol. The person underwent counselling before appearing in court. He was later sentenced to 4 days in prison.

The letter also highlights the fact that the legal blood alcohol limit for driving in India is 30 mg / 100 ml and urges all employees to follow traffic rules to ensure the safety of all road users.

Link to Team-BHP News

Last edited by TusharK : 21st January 2019 at 11:43.
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Old 21st January 2019, 11:57   #2
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Re: Driving drunk? Hyderabad cops will tell your employer

A clear case of data privacy principles thrown out of the window. Who should know what - is so unclear in this country.

While I appreciate the intention, the traffic police have resources of all kind at their disposal to enforce the law, they leading the conversation in directions where they have no business to, wonder if we are turning into a Police state slowly.

What next - will my HR know if I missed making my card payment on time?
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Old 21st January 2019, 12:08   #3
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Re: Driving drunk? Hyderabad cops will tell your employer

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Originally Posted by Thilak29 View Post
A clear case of data privacy principles thrown out of the window.
Seems very odd, although I am sure the intentions are good, unless anchored by law, the police has no business telling your employer anything I would think.

Are they technically/legally allowed to do this?

Also, how would they know who your employer is? Again, none of their business I would think.

Jeroen

Last edited by Jeroen : 21st January 2019 at 12:09.
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Old 21st January 2019, 12:16   #4
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Re: Driving drunk? Hyderabad cops will tell your employer

This is an example of jugaad at it's best! (Since 'jugaad' is a word to be proud of these days.)

In most countries, people are more worried about the police coming down on them than an employer. Here, it's probably the opposite since the cops seem to be helpless even though they have laws already in place to deal with drunk driving.

Legally, I doubt this makes any sense. But taken in a cultural context- where we Indians, even in middle-age with kids of our own, worry most about "what will my parents/society think" (and by extension, your boss/employer too takes on those roles), this will probably be more effective!

I pity HR departments, what on Earth are they supposed to do with something like this?!

Last edited by am1m : 21st January 2019 at 12:20.
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Old 21st January 2019, 12:18   #5
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Re: Driving drunk? Hyderabad cops will tell your employer

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Originally Posted by Jeroen View Post
Also, how would they know who your employer is? Again, none of their business I would think.

Jeroen
That is a bigger breach of law than informing the employer. They have no right to know who a person works for. In fact, they have no right to ask what a person does for living.

I am sure there will be petitions against this soon.
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Old 21st January 2019, 12:38   #6
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Re: Driving drunk? Hyderabad cops will tell your employer

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Originally Posted by Thilak29 View Post
the traffic police have resources of all kind at their disposal to enforce the law, they leading the conversation in directions where they have no business to, wonder if we are turning into a Police state slowly.
May be it is mandatory to disclose all the information (including employment) when the offender is caught. Anyway, this is a common practice everywhere. For even smaller offenses we are questioned left and right. I agree such information needn't be divulged in some cases but we know how pressure tactics works, especially in legal system, in India.

I am digressing here. But in this case, they are punching the offender where it hurts the most. Shaming them in public. I personally do not support any misuse of data. But if that means eradicating this nuisance, then so be it. Sure the data misuse may not end there. And that's another topic.

Hyderabad police already have zero tolerance towards drunk driving. We have seen people sent to jail. Still even such punishments haven't deterred some. The logical next step therefore is to make them pay dearly by revealing it to their employers and putting their jobs at risk. This will send shivers down those who even entertain the thoughts of driving in such condition.
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Old 21st January 2019, 12:50   #7
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Re: Driving drunk? Hyderabad cops will tell your employer

The Police have no business telling my employer what I do outside of office. If it were me, I would actually reply to this letter asking what is the legal bearing of this and why should the office (my employer) do anything about it as long as it is not affecting their business.

I don't think the employer can do anything about it and its just a lame tactic to humiliate you by publicizing your misadventures so that you think twice before driving under influence.
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Old 21st January 2019, 12:50   #8
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Re: Driving drunk? Hyderabad cops will tell your employer

There is also a possibility that the HR folks of the particular company may have demanded the reason for AWOL. And the employee would've been forced to approach the Police to send this kind of a letter.
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Old 21st January 2019, 12:51   #9
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Re: Driving drunk? Hyderabad cops will tell your employer

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But if that means eradicating this nuisance, then so be it.
- Traffic police can engage with employers/NGOs/schools and communities to improve the behaviour of the motorists in general.

- They catch the offender, present before the court, court sentences as it deems fit. Police have no job of making identity public, I see this no different from a colonial mentality where cops pose to pictures with nabbed 'offenders' to gain publicity (or prove relevance), the nabbed offender is no criminal unless court verdict says so.

- What if there is an error in judgement in both law enforcement and courts; should he lead time being ashamed in his working place?

- What if folks at HR use this information to gain illicit benefit from this individual with a threat of public shaming?

- What if situations spirals and he ends life in shame?

I am all for having safe public roads, but methods to make that happen matters too.

Last edited by Thilak29 : 21st January 2019 at 12:54.
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Old 21st January 2019, 12:59   #10
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Re: Driving drunk? Hyderabad cops will tell your employer

In my case, being an entrepreneur, who do they go to? My investors? My customers? My suppliers? Novel idea but this can take public shaming to a whole new level.
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Old 21st January 2019, 13:55   #11
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Re: Driving drunk? Hyderabad cops will tell your employer

Drunken driving also puts others lives at risk, we have laws & still people don't care a dime about it. When it can be reported in the media & newspapers, which can be accessed by the company, not able to see how its a concern if the HR is notified by the police directly.

A bit of humiliation for risking lives seems not so concerning IMO.
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Old 21st January 2019, 15:07   #12
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Re: Driving drunk? Hyderabad cops will tell your employer

I appreciate all the feedback and this was done with a positive intention (As per my knowledge). The data shows that the drink and drive case in Cyberabad is on a rise (Month over Month) and repeated offenders are around 40%. Of the total people that are caught in the Cyberabad region, the number of IT and ITES are more than 85%. So by seeing this data, police thought in this way. And informing the employer is for improving the safety in the area by sensitizing employees in that company. But informing this to employer is just a proactive approach, anyway in case of a court case, the employer will get to know, within a max period of 2 years as most of the MNC's are doing background verification in every 2 years. One of my colleagues, his US Visa got rejected as he had a drunk and drive case. So it's just a matter of time.
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Old 21st January 2019, 15:34   #13
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Re: Driving drunk? Hyderabad cops will tell your employer

Normally, if you are involved in a criminal case, you are duty bound to inform your employer. However, I do not know if this is a criminal act.

I deplore drunken driving but it does not affect ones ability to work unless driving a car is part of one's job. It is also a privacy breach. I wonder if a privacy activist will use this as a test case!
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Old 21st January 2019, 15:45   #14
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Re: Driving drunk? Hyderabad cops will tell your employer

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Originally Posted by ajmat View Post
Normally, if you are involved in a criminal case, you are duty bound to inform your employer. However, I do not know if this is a criminal act.

I deplore drunken driving but it does not affect ones ability to work unless driving a car is part of one's job. It is also a privacy breach. I wonder if a privacy activist will use this as a test case!
Section 185 of IPC (Which is drink and driving case) says that "Currently, Section 185 in The Motor Vehicles Act, 1988 makes driving under the influence a criminal offence in India"
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Old 21st January 2019, 15:46   #15
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Re: Driving drunk? Hyderabad cops will tell your employer

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Section 185 of IPC (Which is drink and driving case) says that "Currently, Section 185 in The Motor Vehicles Act, 1988 makes driving under the influence a criminal offence in India"
Thank you

The question is - who discloses the criiminal act to the employer - the police or employer!
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