Our insurance company is currently looking at a way around this which involves
the LEA not identifying the teacher but using a code which can be tied to a
specific teacher by the LEA but strictly not the insurance company.
Discussions are at an early stage however so I am not sure if it will get off
the ground. One interesting point though is that it was the insurance company
that suggested this.
Neil
Dave Wyatt (26/01/01 11:19 pm):
>I am trying to research an issue at the moment linked to Insurance provided
>to Schools / LEA to cover the costs of supply teachers when a teacher goes
>absent through illness or injury.
>
>As far as I can see any contractual link with an Insurer must be between the
>employer of the absent teacher and the Insurer with no relationship between
>the absent teacher and the Insurer existing. Given the fact that employers
>are under a strict duty of confidentiality over employee records I wonder
>how consent to release any data relating to physical or mental health of the
>absent teacher can be guaranteed. If it cannot (e.g. teacher refuses) then
>presumably the Insurer has to manage without such data which begs the
>question as to why it can be justified as an Insurance requirement in the
>first place. It is possible that extracted stats regarding nature and
>duration of the illness / injury is all an Insurer may need but this
>appears to leave the employer processing employee data to extract.
>Discussions are along the lines of the Insurer seeking details of the
>teachers illness / injury which gave rise to the absence requiring claims
>payout to cover the supply teacher costs.
>
>I have a number of concerns about any such processes in relation to DPA
>compliance and can also see a potential use of Privacy Enhancing Technology
>(PETS) in any process. Apparently this process has been going on for some
>years but is only now coming into question because of sensitive data linkage
>to consent.
>
>Any info on
>
>a) Who is the data controller of the teachers employment record School or
>LEA?
>b) Anyone have any info on this type of insurance contract and know any
>detail of the actual admin processes with the illness / injury record of the
>teacher.
>c) Anyone whose is a teacher whose own records may be being used in this
>manner. How are you being advised and your consent sought? Can you withhold
>consent?
>
>I assume many schools may try to Insure against teacher absence as a way of
>balancing budgets in respect of recruitment of supply teachers. But in the
>absence of any insurance how does the costs of supply teachers get covered.
>Which controller budgets take the hit (presumably eventually the tax payer)?
>
>Any clues / views. All donations gratefully received
>
>David Wyatt
|