Neil
That's interesting I also suggested this from the insurer view wonder if it
was me? Do you know identity of the Insurer?
I've been trying to contact other insurers DPA advisors who may have this
issue but not found anyone who knew of this type of Insurance product and
the DPA implications. A further issue at the Insurer end is that products of
this type can also be underwritten on a Co-Insurer basis with one Insurer
taking the lead role in the admin processes.
I think your observation about the insurer suggesting to the employer
highlights a general problem about awareness of the legislation. You would
have thought any employer would know of their strict duty of confidentiality
over their employee records and as such they would have question the
legitimacy of any request from a TP for access regardless of who it is. It
appears until DPA training occurs there seems to be a general habit to
supply data just because someone makes a case to justify an interest in the
data. If the insurer was challenged over its fair obtaining by a teacher its
not much good to argue we are processing legitimately because the school
volunteered their sensitive data on request? I feel I have enough difficult
complaints issues let alone trying to win pointless arguments.
David Wyatt
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Neil Chadwick
Sent: 29 January 2001 09:35
To: [log in to unmask]
Subject: Re: Data Controller and Schools
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
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