Charles wrote: But we are not supposed to ask why. If people choose
"in effect" to
> opt-out we have no right to ask why :-)
>
That's what I was thinking when I asked the question. My somewhat tortuous
thinking goes like this:
- we can make it a condition of enrolment that people agree to have details
published, but what is the purpose of such processing and can we enforce it?
- the purpose of such processing is often said to be something to do with
public examinations and so by extension it's in the public interest to
process the data in this way. But I think it's really about tradition; even
if we accept the public examination argument I think it would be difficult
to argue that publishing a list of history graduates (for example) is in the
public interest. So we can't argue that publication is in the public
interest.
- that really leaves only legitimate interest or consent as the conditions
under which we can publish.
- our legitimate interests have to be balanced against the legitimate
interests, rights and freedoms of the data subject. The individual has two
rights under the Human Rights Act that are relevant here: the right to
respect for private life (Sch 1, Pt 1, Art 8); and the right to an education
(Sch 1, Pt 2, Art 2). I wonder if asking people to justify why they don't
want their details published would amount to an interference with their
right to respect for private life with a view to (possibly) denying them
their right to an education?
- consent must be freely given. How can we say consent is freely given when
a person thinks that s/he has to sign up to something (which in fact is not
material to the performance of the contract) or s/he won't be able to enrol?
This goes against the First Data Protection Principle.
Craig
> -----Original Message-----
> From: [log in to unmask]
> [SMTP:[log in to unmask]]
> Sent: Wednesday, November 22, 2000 1:36 PM
> To: [log in to unmask]
> Subject: Re: FW: Qualifications checking
>
> ** Reply to note from John Gledhill <[log in to unmask]> Wed, 22
> Nov 2000 12:21:50 +0000
>
>
> > > 2. What is a legitimate request?
> >
> > risk of assault (eg family feuds, political threats).
> > NOT "I don't want people to know what I got"
>
>
> Isn't life complicated ;-)
>
> Charles
>
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee,
> Dundee DD1 4HN, Scotland, United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> http://somis.ais.dundee.ac.uk/
> Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
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