Two points to note
1. Sections 119 and 120 only cover 13-19 year olds and therefore do not
cover the majority of university students.
2. The disclosure has to be for the purposes of s114(1) which are
educational.
Tony Smith
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: Monday, October 29, 2001 10:18 PM
To: [log in to unmask]
Subject: Learning and Skills Act 2000
I came across an interesting peice of legislation the other week,
http://www.legislation.hmso.gov.uk/acts/acts2000/20000021.htm
<http://www.legislation.hmso.gov.uk/acts/acts2000/20000021.htm>
which is a real trap for data protection practitioners if care is not taken
in the reading of it.
Sections 114 - 120 cover data disclosures. If the motivations of persons
reading section 120 are not towards protecting the data within the education
sector it can be very easily misread. Beware of section 120 being quoted as
enabling disclosure outside of the education sphere, it does not to my
reading.
Most interestingly section 119 section 5 provides for a defence to unlawful
disclosure, for reasonably believing the disclosure was lawful. That seems
an open door to many mis-interpretations of the disclosure provisions within
that act.
The data protection act will support non disclosures for other than
education purposes, but surely that should not be required with a new peice
of legislation which has been HRA compliance checked.
That said it has a wonderful part covering fair obtaining and use though.
Ian W.
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