In a message dated 28/04/2003 15:17:31 GMT Daylight Time,
[log in to unmask] writes:
> In higher education we have the problem of students getting into
> debt to the university. Sometimes a parent or other third party
> is happy to settle the debt (having become aware of it by
> whatever means other than from us) but we are not in a position
> to discuss the debt or its level without student consent.
>
> Has anyone found a way of addressing this problem?
>
> We are considering whether there might be a way, at enrolment or
> close to it, of getting valid consent from a student to discuss
> financial matters with parents if they contact us wanting to pay
> off a debt.
--------
This situation is not dissimilar to one in local government when parents or
partners offer to pay off rent arrears or Council Tax debts. If the parents
(or other relatives) are not responsible for the debt, just telling them
about the debt - even if you don't mention the amount - could be an illegal
disclosure. Remember a complaint could come from the data subject or the
recipient acting on their behalf, the new Act does not require that the data
subject themselves makes the complaint. Recent cases have included bailiffs
telling parents about the debts of their offspring because the debt
collectors could not find the debtor.
The bottom line is consent and it is generally not sufficient to ask at the
time data are first collected from the data subject - mainly because they do
not usually know at that time that they will get into debt. Valid consent is
informed consent - "is it okay if we talk to your parents about the money you
owe us" is better than to say "to discuss financial matters".
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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