Surely, any information on a UCAS form was given with the knowledge that you
are submitting information for the purpose of processing. I haven't seen a
UCAS form recently but is there no declaration in respect of the DPA?
Therefore, yes, the institution is deemed to know according to SENDA but it
is not a DPA issue in respect of providing information or consent.
As Ian Webb has written in another email, the DPA really only comes into its
full effect when information is passed between 2 or more institutions. Any
information can be passed within an institution as long as its use is deemed
worthy - i.e. you can only pass (sensitive) information to people to whom it
would be relevant.
Are we sure that the DPA does not take priority?
Matt
----- Original Message -----
From: "Elaine Shillcock" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, July 08, 2002 10:25 AM
Subject: Re: Advice needed - Data protection Act
> 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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