Doreen,
I disagree with Paul.
While I'm not familiar with the detailed powers of school inspectors, I
would be very surprised if they couldn't record evidence of their
inspections. There is nothing particularly special about a video recording
compared to other evidence of course work. Unless it was somehow filmed in
secret, the teacher would have said what was going on as part of the class.
I would argue that this falls under the category of 'legitimate interests of
the data controller' i.e. providing an education service. Surely, if the
pupil can withdraw from this class then they have the right to withdraw from
any other school event where personal information is collected - exams,
daily registration or other coursework. If they choose to exercise this
right then they don't receive the service - they get expelled.
The parent may have rights under Education legislation, but the parent is
not the data subject.
I've just read Mark's message and agree that this is a sensible precaution
for schools to take and one that I've advocated myself. However, I think
this is a different situation as the images are only for coursework and
assessment.
Allan
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: Wednesday, 21 November 2001 11:57
To: [log in to unmask]
Subject: Videoing Pupils
All
A video has been taken of pupils at a local secondary school - most of them
probably at the age of 12 for the purposes of the Examination Board -
physical education. Anyway, a parent was asked to come into the school re.
her daughter's behaviour and of course the parent said "My child wouldn't do
that". The incident of course was captured on that very video.
Anyway, the child's parent was enraged and said this was a violation of her
child's Human Rights and was going to take the matter further and wanted the
video. The Head Teacher refused as this would disclose third party data.
How would other education authorities deal with this? Are we entitled to
video for this purpose etc.
Should we publish a standard letter for all schools re. videoing/photographs
etc. and has anyone a standard letter for this purpose? Any help would be
greatly appreciated.
Many thanks in advance.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
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