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
>
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Barry Kelly
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