Paul,

I can see the sense of your point 2 in relation to the example being
discussed, but I'm not sure about it as a general point. It would
imply that if you ask for consent, you give the individual an
_absolute_ veto over disclosure, in all circumstances, even if
disclosure  is in fact 'necessary' for one of the other schedule 2
purposes (and even in other respects the fairness requirement has
been met).

The implication of point 2 would be that, if you think disclosure may
be 'necessary', you should actively _avoid_ seeking consent.  Is
there IC guidance on this?

To take an extreme, but plausible example, this would  would mean
that if a psychiatrist asks a psychiatrically ill and potentially
dangerous patient for consent to pass  information about his
condition  to the GP and the patient refuses, the psychiatrist is
prohibited from passing the information on - even if this endangers
other people.

In that case the information would be sensitive data, requiring a
schedule 3 condition, one of which  expressly permits disclosure
after a refusal of consent [para 3(b) of Schedule 3] suggesting that
a refusal is not intended to exclude disclosure where is it necessary
on other grounds.

A similar conclusion could be drawn from s 7(4), which envisages that
information about a third party who has not consented to disclosure
(and perhaps even refused it), may be revealed in a subject access
request if it is still "reasonable in all the circumstances".

Maurice Frankel
Campaign for Freedom of Information

At 12:53 pm +0100 4/7/01, Paul Ticher wrote:
>Irene,
>
>There are several issues here:
>
>1)    In order for processing to be fair the data subject should know what
>is going on.  So you (almost) ALWAYS have to make sure that they are aware
>that a particular type of use or disclosure might take place.
>
>2)    In addition you have to meet the Schedule 2 Conditions.  Consent is
>one of these, but if you meet one of the others you don't need consent.
>What I think you mustn't do is ask for consent, have it withheld, and then
>say 'Well, we meet one of the other conditions, so we didn't need consent
>anyway' because that would almost certainly be 'unfair'.
>
>3)    You then have to ensure that all your processing is 'compatible' with
>the purpose(s) you originally obtained the data for.  In a way this goes
>back to what you told people when you obtained it.
>
>So, consent for the kind of things you mention: probably not needed,
>provided the Data Subject knows what's going on and what you're doing is
>compatible with your purpose(s).
>
>Anyone like to have a go at defining 'compatible' here?
>
>Paul Ticher
>Information Management
>0116 273 8191
>22 Stoughton Drive North, Leicester LE5 5UB
>
>----- Original Message -----
>From: Irene Bruce <[log in to unmask]>
>To: <[log in to unmask]>
>Sent: 03 July 2001 17:05
>Subject: Passing info on - without consent?
>
>
>  > Hi
>  >
>  > Can anyone offer some advice on the following queries:
>  >
>  > Is it necessary to seek an individuals permission, before circulating any
>>  personal information about them to other people?  (academic staff to
>>  management back to academic staff regarding a student)
>>
>>  If a member of staff circulates personal information about a student to
>>  other members of staff within the institution without that students
>consent,
>>  does this constitute a breach of the data protection act?
>>
>>  I thought it would depend on what type of information and if it was
>relevant
>>  to the student and their course work then permission would not be
>required.
>>  When would the institution require to obtain consent from student to pass
>>  information on. Surely if they sign a DP declaration form when
>matriculating
>>  then they are in effect signing themselves up for the "rules" of the
>>  institution.  This query keeps coming up.  Would the guidance be different
>>  if it was relating to either grievance, discipline or harassment
>>  complaints??????????????????
>>
>>  Any advice??
>  >
>>  Irene
>>
>>  IRENE BRUCE
>>  Assistant Company Secretary
>>  Glasgow School of Art
>>  167 Renfrew Street
>>  Glasgow
>>  G3 6RQ
>>
>>  Tel:   0141 353 4518
>>  Fax:   0141 353 4540
>>  e.mail:[log in to unmask]
>>
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