Student data and students' unions

Ms. Thompson wrote: "SU being classed as an external body where transferring
data is concerned."

Any legal and or institutional citations on the "external status" of
students' unions would be appreciated (if necessary off the list). Is there
explicit provision in the DPA so that students' unions are classed as
external bodies rather than "intregral part of the universities or colleges.
  Currently court look at the governing documents of universities to decide
the legal status of students' unions.  For example in a recent high court
decision, high court found that Leicester University Students' union was not
an "integral part" of the university in tax case.

"They have asked if they can be part of this scheme but
this wouldrequire that they have access to student data they would normally
only have if the students themselves registered with the SU"

It is well known that universities supply the applicants' addresses  at the
pre and or post- regsitration stages  to students' unions so that they can
send the ppromotional materials. Then, how does this practice comply with
the above statement?

"There will be a Data Protection statement on issue of the card to
thestudent about how the data will be used in the University etc etc.
Theproposal has been made that this should include some wording to the
effectthat their data will automatically be transferred to the SU unless
they object to this. It is not intended that this data will include
addresses."  How would students make informed decision about the transfer of
their date to students' unions? The annual reports and governing documents
of students' unions in general are not publicly available.


"A contract would then be drawn up with the SU as to what they can do with
thedata.Has anyone encountered this issue, how has it been dealt with etc? "

How would universities enforce such a contract with students' unions? In
most cases, unions are unincorporated associations in legal sense and unless
there is an explicit provision in the DPA to assume that unincoporated
associations are incorporated under the company law, the enforceability of
such contracts would be at the least questionable since such associations
have in general no legal identity as universities that are incorporated
under the company law.

The other issue related to the availability of remedies for students in case
unions misuse student data.  Courts and tribunals have been reluctant to
offer any remedies to members of such associations.

Any information on the  experience (and survey, report, research etc,
Commissoner decisions, court/ tribunal decisions)  of universities with
their students' unions regarding the data protection law would be much
appreciated to be included in a review of law of students' unions recently
prepared for publication.

Ozcan Konur
Rehabilitation Resource Centre
City University
Northampton Square
London EC1V 0HB

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