From my understanding the legislation makes no differentiation between an EU
or none EU nationals.  So foreign students have the same protection under
the legislation as any other person.  There is no constitution limiting
those rights to nationals of the EU, which seems a quite effective way of
ensuring an introvert perspective does not develop, as it seems to do in the
USA.

If a crime is committed the university could themselves disclose information
to the police under a section 29(3) exemption, or other enabling
legislation.

To claim a section 29(3) against the records of all students, when only a
small proportion might 'disappear', would seem to me disproportionate as
previously intimated.

A national security exemption requires a high level of authority and would
require a certificate signed by a minister of the crown to prove its
validity.  I suspect that after the Matrix Churchill affair ministers of the
crown would question very carefully the basis of any such certificate.

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of
> [log in to unmask]
> Sent: 14 November 2001 11:32
> To: [log in to unmask]
> Subject: Re: Police Request
>
>
> ** Reply to note from Ian Welton <[log in to unmask]>
>     Tue, 13 Nov 2001 22:53:07 -0000
>
> Hi Ian,
>
> Is it as simple as that?
>
> This affects overseas students, ie. everyone who is not an EU
> national.
>
> (The following from memory and may not be current practice).
> When overseas students are given a visa to enter the country
> it is done on
> the basis of a letter of acceptance from a particular
> institution to do a
> course lasting a certain duration.  The visa was/(is?) issued
> for the length
> of the course and a bit longer (eg. 3-4 months above the
> duration of the
> course).  If a new additional course was started then a new
> letter would be
> required + a new visa and so on.
>
> I am not suggesting that an institution has to provide home
> addresses etc.
> but I am tempted to say the institution would have to provide
> evidence that
> the student exists and continues with his/her studies.
>
> Surely if an institution "looses" too many of its overseas
> students, combined
> with the use of agents abroad, how long before we are seen as
> giving "dummy"
> letters of acceptance in reality used to gain entry in the country.
>
> If you see what I mean.
> Charles
>
> PS.  If a student does not obey Home Office regulations about
> informing the
> local "aliens" dept. of changes of circumstances, is there a
> crime (???)
> involved?  If yes, are the police using the "crime
> investigation" waffle.
>
> Right now I guess they could claim national security and be
> done with it.
>
>
> > As I perceive it from what has been explained so far:-
> >
> > 1. The police have no ability to lawfully obtain the
> information being
> > requested in those general circumstances.  There would have
> to be a real
> > danger to the individuals involved and even then only if
> the address the
> > police currently had was shown to be incorrect.
> >
> > 2. The university could not meet any of the DP requirements if they
> > disclosed the information being requested in the
> circumstances explained.
> >
> > There would be potential to deal with fair obtaining and
> disclosure to the
> > police by an approach to the students concerned.
> >
> > Ian W.
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of Jayne Hornsby
> > Sent: 13 November 2001 10:58
> > To: [log in to unmask]
> > Subject: Police Request
> >
> >
> > Colleagues,
> >
> > I have been approached by the local police who are
> concerned that students
> > registered with them (i.e. visa nationals) are not keeping
> them informed of
> > changes of address, as they are required to. The police
> want the University
> > to confirm the continued registration of certain students/groups of
> > students, and to confirm their current address as the
> police have it, or
> > supply the new one if it has changed.
>
>
>
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee,
> Dundee DD1 4HN, Scotland, United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> http://www.somis.dundee.ac.uk/
> Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     If you wish to leave this list please send the command
>        leave data-protection to [log in to unmask]
>             All user commands can be found at : -
>     www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
    www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^