Ozcan et al,
The bad news is that the precedents uncovered so far by the Lancaster Data
Protection Project suggest that the constitutions of most and maybe all of the
'old' universities means that Students' Unions are an integral part of those
institutions, rather than legally separate bodies.
How bad is that? Well, we are still grappling with the idea that, if a student
society processes data whilst acting under the auspices of the SU, and as a
member body of the SU, then the UNIVERSITY is ultimately accountable. And how
many of you out there would really trust the local Dungeons and Dragons bunch
to manage their data properly and in line with the 1998 Act?
We're working on this, and there will be a discussion document on our project
website in due course. I'll keep this list alerted. Fear the worst!
Andrew Okey
Project Co-Ordinator
Lancaster Data Protection Project
> -----Original Message-----
> From: Ozcan KONUR [SMTP:[log in to unmask]]
> Sent: 05 June 2001 19:33
> To: [log in to unmask]
> Subject: Student data and Student Unions
>
> Student data and students' unions
>
> Ms. Thompson wrote: "SU being classed as an external body where transferring
> data is concerned."
>
> Any legal and or institutional citations on the "external status" of
> students' unions would be appreciated (if necessary off the list). Is there
> explicit provision in the DPA so that students' unions are classed as
> external bodies rather than "intregral part of the universities or colleges.
> Currently court look at the governing documents of universities to decide
> the legal status of students' unions. For example in a recent high court
> decision, high court found that Leicester University Students' union was not
> an "integral part" of the university in tax case.
>
> "They have asked if they can be part of this scheme but
> this wouldrequire that they have access to student data they would normally
> only have if the students themselves registered with the SU"
>
> It is well known that universities supply the applicants' addresses at the
> pre and or post- regsitration stages to students' unions so that they can
> send the ppromotional materials. Then, how does this practice comply with
> the above statement?
>
> "There will be a Data Protection statement on issue of the card to
> thestudent about how the data will be used in the University etc etc.
> Theproposal has been made that this should include some wording to the
> effectthat their data will automatically be transferred to the SU unless
> they object to this. It is not intended that this data will include
> addresses." How would students make informed decision about the transfer of
> their date to students' unions? The annual reports and governing documents
> of students' unions in general are not publicly available.
>
>
> "A contract would then be drawn up with the SU as to what they can do with
> thedata.Has anyone encountered this issue, how has it been dealt with etc? "
>
> How would universities enforce such a contract with students' unions? In
> most cases, unions are unincorporated associations in legal sense and unless
> there is an explicit provision in the DPA to assume that unincoporated
> associations are incorporated under the company law, the enforceability of
> such contracts would be at the least questionable since such associations
> have in general no legal identity as universities that are incorporated
> under the company law.
>
> The other issue related to the availability of remedies for students in case
> unions misuse student data. Courts and tribunals have been reluctant to
> offer any remedies to members of such associations.
>
> Any information on the experience (and survey, report, research etc,
> Commissoner decisions, court/ tribunal decisions) of universities with
> their students' unions regarding the data protection law would be much
> appreciated to be included in a review of law of students' unions recently
> prepared for publication.
>
> Ozcan Konur
> Rehabilitation Resource Centre
> City University
> Northampton Square
> London EC1V 0HB
>
> [log in to unmask]
>
>
>
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