Rebecca,
Although I make a good part of my living from Data Protection, I don't think
it's the be all and end all. Other things are more important, including
people's personal safety and physical well-being. I generally find that if
you are doing the right thing, Data Protection can accommodate it. (But I'm
not a lawyer, so I can afford to say that.)
In this case, I think the question is whether you think the parents ought to
know the information, and whether you feel that the student expects you not
to reveal it. Unless you know that the daughter is trying to avoid the
parents, and has made it clear to you that you are not to help them, I don't
think there is anything to stop you, even if you don't have the daughter's
consent.
Looking at the Data Protection Principles, the main one here, I think, is
the first - 'fair processing'. Are you being fair to the Data Subject? -
see discussion above. And are you meeting a Schedule 2 condition? I think
you could easily be meeting the sixth 'legitimate interests' one -
especially if you have no reason to believe that the daughter has explicitly
withheld consent. You could also be meeting the fourth 'vital interests'
one. I think the Information Commissioner's interpretation is unreasonably
restrictive, and ought to be challenged.
(I'm assuming there's not sensitive data involved in the disclosure. The
Schedule 3 'vital interests' condition might also apply.)
There is also the Principle 2 question of whether the disclosure is
'compatible' with the purpose for which you hold the information. Under
Principle 7 you would need to check the bona fides of the parents.
In all these questions, I don't think there is a cast iron guarantee that it
is OK. On the other hand I think you could make a very good case. If you
document this, you would have a reasonable defence if there was any
come-back.
Hope this helps. Interested to know if other people disagree.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: Rebecca Hughes <[log in to unmask]>
To: <[log in to unmask]>
Sent: 07 November 2001 09:43
Subject: Mental health
> Urgent problem! can anybody help?
>
> Parents have requested confirmation of their daughter's registration
> status at the University. The daughter, who has a record of serious
> mental health problems has not registered and her whereabouts are
> uncertain. The parents are obviously very worried, but can we tell them
> anything? A third party has also intervened who may know the
> whereabouts of their daughter. If more information were to be obtained
> from this person, could we pass that on to the parents without the
> daughters consent?
>
> Any advice very gratefully received.
>
> Rebecca
> -------------------
> Rebecca Hughes
> Administrative Officer (Data protection)
> [log in to unmask]
>
> * This e-mail message was sent with Execmail V5.1 *
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