We seem to have got completely off the original subject - but never mind!
Re the Data Protection Act - Our University DPA officer contacted the Data
Protection Commissioner last week re the potential conflict with the SENDA
legislation regarding the fact the disability info under the DPA is
classified as sensitive personal data and as such we must have the written
explicit consent of individuals to hold or use that data BUT, the SNEDA
legislation says that a University is 'deemed to know' about a person's
disability if they just tell one person within the HEI. Of course we must
all have our policies in place regarding disability information and
confidentiality etc etc, but the Commissioner told us that the DPA does
allow other legislation to take priority, and in this case, the SENDA
legislation would take priority over the DPA.
(An example would be UCAS info - the student tells the admissions officer
through the UCAS form, therefore the University is deemed to know under
SENDA, before we would have had opportunity to get the student's explicit
consent in writing to act on this info, according to the DPA).
This is going to be a really fun job come September!! :-)
-----Original Message-----
From: Discussion list for disabled students and their support staff.
[mailto:[log in to unmask]]On Behalf Of Matt Evans
Sent: 08 July 2002 09:59
To: [log in to unmask]
Subject: Re: Advice needed
No, the Data Protection Act covers ALL forms of forms of data. It is true
that the act was brought in when there was an increase in mass use of
electronic data keeping and its main intention is to limit the transfer of
data which can happen so easily with this form but it is not limited on the
computer use. For example, if an organisation telephoned a university and
asked for confirmation of a students result, the institution can not provide
this information without consent (preferably written) from the student -
even if the confirmation were just verbal.
According to the act you cannot keep or transfer data to other persons with
out the subjects consent. And, if the subject asks you specifically NOT to
pass on information then you can't. Therefore, if the student told (verbal
or otherwise) one person within the university/institution but, at the same
time, also asked them not to disclose this information to other personnel
then the institution is not responsible for offering/making provisions for
such a student.
Matt
----- Original Message -----
From: "Michael Trott" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, July 06, 2002 7:08 AM
Subject: Re: Advice needed
> Welcome Matt,
> Sorry to challenge your first posting (you'll get a lot of that). Surely
the
> Data Protection Act applies only to data stored electronically. Another
smart
> lawyer will argue that: If the student tells you rather than enters it
into a
> data system him/herself then the Data Protection Act may not apply ?????
> Welcome again,
> Mick Trott
>
> In a message dated 05/07/02 15:23:57 GMT Daylight Time,
> [log in to unmask] writes:
>
> << My first post......I feel there is a dis-agreement between the Data
> protection act (1998) and SENDA in this case. I took advice from a
barrister
> at an academic registrars conference recently on a similar subject.
>
> He stated that if a specific student asked for no provisions to be in
place,
> although the university knew of the disability and offered
advice/provisions
> in terms of teaching or exams, then under the (superseding) Data
Protection
> Act, you could not provide information on a persons condition/disability
to
> any other person (even within an institution). Therefore, if a student
asks
> for no information disclosure, then the institution is exempt and does
NOT
> have to provide any special arrangements (during or after an exam).
>
> Matt
> >>
>
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