Today I received a copy of a briefing note from UCAS re the DPA. The notes
about applicants' consent generally make sense, but there are two points of
particular interest/concern.
1 UCAS point out that they currently advise potential students that data
given will be used only (i) by relevant HE staff for considering applications
and (ii) to enable HEIs to set up initial records. UCAS then (in this
circular) advise that "it of course follows that to use it for any other
purpose would be in contravention [of DPA]". In one sense, agreed, but I would
note the very interesting debate at Cardiff JISC workshop (4/4/00), in which we
discussed and agreed to take forward the point that there may be occasions, in a
community such as HEI, when warnings need to be given. Example given was the
wish to warn hall porters that a certain student might be mentally fragile, or
(say) suffer from fits, or... - not least because the porter might feel
aggrieved if set upon or otherwise distressed. Now presumably, UCAS are right
to say what they have said, but it will maybe be for HEIs to build in such
appropriate and additional words when the (post-initial) student record is set
up. That would be logical and honest.
2 The UCAS letter mentions references and says that "from September 2000
references will be open", noting that while referees will not have to disclose
material, HEIs and UCAS itself will have to. I have a large problem here, in
that I have never found September 2000 as a deadline anywhere in DPA, and also
in that I don't see why these references differ from others. The rule for
others is that the referee has what is close to a veto, and one has to check in
any case to protect identity of referee. The only reason I can imagine for a
different view is that in the case of school pupils the reference is not in fact
counted as a reference but as an "educational record" (s68 and Schedule 11)?
Since this advice is coming to HEIs from such a source (and since a note has
gone to all schools!) I think we should clarify quickly.
Trevor.
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Dr Trevor Field
Senior Assistant Secretary
University of Aberdeen
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