Just wondering about the secondary purpose being incompatible? I know
the second principle restricts processing to purposes compatible with
the original purposes (and the Act doesn't help in defining
incompatibility), but
(a) isn't this a case of legitimate interests (would depend on the
seriousness of what the girl had done) and
(b) if we follow the incompatibility route we could end up not allowing
ourselves to use evidence (lawfully gathered in the sense that the girl
was aware of the video being made) in disciplinary cases.
Surely if the girl was to be disciplined it would be far better that
this was done on the grounds of evidence obtained.
Craig
_____________
Craig S R Brown
Assistant Data Protection Officer
Registrar's Office
University of Leicester
LE1 7RH
E: mailto:[log in to unmask]
T: +44 116 252 5077
F: +44 116 252 5000
-----Original Message-----
From: Paul Couldrey [mailto:[log in to unmask]]
Sent: 21 November 2001 12:29
To:
Subject: Re: Videoing Pupils
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]
**********************************************************************
This email is privileged, confidential and subject to copyright.
Any unauthorised use or disclosure of its content is prohibited.
The views expressed in this communication may not necessarily
be the views held by Scottish Borders Council
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Email Disclaimer
************************************************************************
************************
DISCLAIMER: This email and files transmitted are confidential and are
intended solely for the use of the intended recipient. If you are not
the intended recipient, or the person responsible for delivering it to
the intended recipient, you may not copy, disclose, distribute or use it
in any unauthorised manner. If you have received this email in error
please notify us by telephone on 01902-554455 or by email to
[log in to unmask] and then delete it and any attachments
accompanying it. Please note that Wolverhampton City Council cannot
guarantee that this message or any attachments are virus free or have
not been intercepted and amended.
Any views or opinions expressed within this email are those of the
author and may not necessarily reflect those of Wolverhampton City
Council and no contractual arrangement is intended to arise from this
communication.
************************************************************************
************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|