In 7 years as programme leader of large MSc Computing and MSc IT conversion
programmes with more than 100 PT students currently enrolled - I have only
ever been asked for details of students progress/etc on one occassion and I
refused and I feel that is the right response with or without the Act. I did
however, invite the employer to get the student to make the request and had
the students done so I would have provided the information without
hesitation.
It is my view that if an employer and employee wish to engage in open and
transparent dialogue regarding the students progress then that is for them
to determine and facilitate. My relationship is with the student and not the
sponsoring employer - but with a 1:1 relationship between employer and
student thats easy to say. if the sponsor supported 50% of the cohort then I
would have more worries.
Richard
----- Original Message -----
From: "Barry G Kelly" <[log in to unmask]>
To: <[log in to unmask]>
Cc: <[log in to unmask]>; <[log in to unmask]>;
<[log in to unmask]>
Sent: Tuesday, July 25, 2000 10:18 AM
Subject: Re: sponsored student by meansd of day release
> I thought that in order to be valid, within the provisions of
> the 1998 Act, consent had to be given freely.
> By attaching conditions, such as approval for day release, are
> we not obtaining consent forcefully, thereby making it worthless.
>
>
> On Tue, 25 Jul 2000 10:03:07 +0100 [log in to unmask] wrote:
>
> > # >From: MX%"[log in to unmask]" "Dave Williams" 25-JUL-2000
09:49:37.45
> > # >I would comment that if the employer has agreed to let the employee
have a
> > # >day off then the employer is contributing to that employee's course
and
> > # >therefore should be allowed to inquire how that employee is
progressing.
> >
> > I would say that in theory I would agree but in compliance with data
> > protection the employer has no legal rights of access to the data
subject's
> > personal details for the purpose of a progress report.
> >
> > Probably a good way around this is for any employer
> > who offers day release is to review the regulations and procedures
> > for offering day release to staff and include a statement a
> > that the staff member gives express (written) consent
> > to agree to releasing of progress report by the institution.
> > Any access request to the instution would then be accompanied by the
> > appropriate authority of the data subject.
> >
> > Sally Justice
> > p.s. it happens that it is a local authority who insists of access to
> > a student here! We have directed them to the ODPC
> >
>
> ----------------------
> Barry Kelly
>
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