Request for comments

*Key*
<T> = title
<ST> = Subtitle
<R> = Recommendation

<T>StudentUse of Personal Data

<ST>Personaldata processed under the effective control of an 
    institution

  In cases where students are processing personal data within HE 
and FE institutions (e.g. on institutional machinery):

 - for the purposes of research or study; 

 - in pursuit of an academic qualification; 

 - and under the direct supervision of a member of staff, 

if those HE and FE institutions can demonstrate direct and 
effective control over the personal data then the students 
conducting the research, or engaged in the course of study, can 
rely upon the notification to the DPC provided by their institutions.

<R> HE and FE institutions should ensure that personal data 
processed for research and study purposes is adequately covered 
by their institutional notification.

<ST>Personal data processed outside the effective control of an 
    institution

  Where students process personal data, and that processing is:

 - for the purposes of research or study in pursuit of an academic 
qualification, but not under the direct supervision of a member of 
staff; or

 - their institutions cannot guarantee direct and effective control 
over the personal data;

such processing will be deemed to be for the student’s own 
personal or domestic purposes and the processing will be exempt 
from notification. 

<R> HE and FE institutions are not responsible for notification of 
personal data processed by students outside the effective control 
of those institutions e.g for students’ own personal or domestic 
purposes.

Where students process personal data, and that processing is:

     - not for the purposes of research or study  in pursuit of an 
    academic qualification; or 
    
     - for the purposes of research or study in pursuit of an academic 
    qualification but with a view to the students commercially 
    exploiting its products 
    
    notification by the students to the DPC may be required.   

<R> HE and FE institutions should ensure that students are 
provided with guidelines explaining the need for notification where 
their processing is likely to fall outside the institutional notification 
or the “personal or domestic purposes” exemption, e.g. where the 
processing is intended to lead to the commercial exploitation of 
personal data.

<ST>Student access to, and use of, Personal Data within FE and 
    HE institutions

  Students may on occasion be in a position to access personal 
data held and processed within FE and HE institutions.  It is 
important to ensure that students are apprised of the rights of data 
subjects, and both their, and their institution’s, responsibilities with 
regard to access to, and use of, personal data.  This is particularly 
so where students will be processing personal data in the course of 
their studies.
    
<R> FE and HE institutions should ensure that students are:

 - aware that all personal data collected, held, and processed on 
institutional machinery, including via WWW tools and other Internet 
software are subject to the Data Protection Principles

 - aware that all personal data collected, held, and processed in 
structured manual files within institutions are subject to the Data 
Protection Principles

 - aware of the circumstances under which they may legitimately 
access, process and disclose personal data held on institutional 
computer systems

<R> FE and HE institutions should ensure that 
 - guidelines for the proper use of personal data within an  
institution are available to all students

 - there is a mechanism to ensure that misuse of personal data by 
students within an  institution can be identified and remedied

 - there is a mechanism for data subjects to object to the 
accessing, processing and disclosure of their personal data held 
by students within an institution, in structured manual files or 
computerised form, where data subjects feel it may cause them 
significant damage or distress




Andrew Charlesworth
Senior Lecturer in IT law
Director, Information Law and Technology Unit
University of Hull Law School
Hull, UK, HU6 7RX
Voice: 01482 466387   Fax:   01482 466388
E-mail: [log in to unmask]


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