Irene,
There are several issues here:
1) In order for processing to be fair the data subject should know what
is going on. So you (almost) ALWAYS have to make sure that they are aware
that a particular type of use or disclosure might take place.
2) In addition you have to meet the Schedule 2 Conditions. Consent is
one of these, but if you meet one of the others you don't need consent.
What I think you mustn't do is ask for consent, have it withheld, and then
say 'Well, we meet one of the other conditions, so we didn't need consent
anyway' because that would almost certainly be 'unfair'.
3) You then have to ensure that all your processing is 'compatible' with
the purpose(s) you originally obtained the data for. In a way this goes
back to what you told people when you obtained it.
So, consent for the kind of things you mention: probably not needed,
provided the Data Subject knows what's going on and what you're doing is
compatible with your purpose(s).
Anyone like to have a go at defining 'compatible' here?
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: Irene Bruce <[log in to unmask]>
To: <[log in to unmask]>
Sent: 03 July 2001 17:05
Subject: Passing info on - without consent?
> Hi
>
> Can anyone offer some advice on the following queries:
>
> Is it necessary to seek an individuals permission, before circulating any
> personal information about them to other people? (academic staff to
> management back to academic staff regarding a student)
>
> If a member of staff circulates personal information about a student to
> other members of staff within the institution without that students
consent,
> does this constitute a breach of the data protection act?
>
> I thought it would depend on what type of information and if it was
relevant
> to the student and their course work then permission would not be
required.
> When would the institution require to obtain consent from student to pass
> information on. Surely if they sign a DP declaration form when
matriculating
> then they are in effect signing themselves up for the "rules" of the
> institution. This query keeps coming up. Would the guidance be different
> if it was relating to either grievance, discipline or harassment
> complaints??????????????????
>
> Any advice??
>
> Irene
>
> IRENE BRUCE
> Assistant Company Secretary
> Glasgow School of Art
> 167 Renfrew Street
> Glasgow
> G3 6RQ
>
> Tel: 0141 353 4518
> Fax: 0141 353 4540
> e.mail:[log in to unmask]
>
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