Dorren
Sigh of relief here that this isn't a Wolverhampton School. Firstly is the
videoing fair and lawful for the purposes of the examination board? do you
have the vires to do so? If you do - then the secondary purpose to which
the tape was used I would argue is not compatible, and again its back to
schedule 2 and 3 of the Act to find a legitimate processing requirement.
Not complying with request for the tape is another thing, you may want to
rely upon the fact that the request wasn't in writing. But to rely upon
third party details clause, well did the school attempt to contact the
parents of children on the tape to gain consent to the disclosure?
Really prior to the videoing I would have liked consent of the parents to
video for the board purposes unless of course this was already covered.
Basically I think you are on a sticky wicket here.
Paul Couldrey
Data Protection Adviser
Wolverhampton City Council
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 21 November 2001 11:57
To: [log in to unmask]
Subject: Videoing Pupils
All
A video has been taken of pupils at a local secondary school - most of them
probably at the age of 12 for the purposes of the Examination Board -
physical education. Anyway, a parent was asked to come into the school re.
her daughter's behaviour and of course the parent said "My child wouldn't do
that". The incident of course was captured on that very video.
Anyway, the child's parent was enraged and said this was a violation of her
child's Human Rights and was going to take the matter further and wanted the
video. The Head Teacher refused as this would disclose third party data.
How would other education authorities deal with this? Are we entitled to
video for this purpose etc.
Should we publish a standard letter for all schools re. videoing/photographs
etc. and has anyone a standard letter for this purpose? Any help would be
greatly appreciated.
Many thanks in advance.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
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