[log in to unmask] writes:
<< 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. >>
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We can all rest easy (ish). The section says the named organisations "may"
disclose for the purposes of education, it does not say "must". Therefore
the requirements of the DPA98 must be met.
The only Schedule 2 condition that will apply is 6(1), assuming consent will
not be sought. In order to be fair to the individual, they will have to be
informed of the disclosure at the time of collection or before the disclosure
- and in my opinion they will have to be given the opportunity to object or
raise concerns. In the case of some students, the parents' will have to be
given the information/opportunity.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
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