"The Head Teacher at the school has approached the library to find out if
the boy had downloaded the pigs etc and if in fact he was in the library."
A perfectly reasonable thing for the headmaster to do, and yet, much like
Mrs Bodil Lindqvist, Pandora and her box seem to be lurking!
-----Original Message-----
From: Ward, Ciaran [mailto:[log in to unmask]]
Sent: Friday, November 21, 2003 11:52 AM
To: 'Tim Trent'; [log in to unmask]
Subject: RE: [data-protection] Schoolboy Pranks
Surely it would be up the school to discipline the boy as a purely internal
matter, regardless of where the pictures were downloaded from. Why
complicate things unnecessarily by bringing data protection law into it!
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: Friday, November 21, 2003 11:42 AM
To: [log in to unmask]
Subject: Re: [data-protection] Schoolboy Pranks
My view would be that the parents are an irrelevant party here. Though I
seem to recall something about a Scottish "Age of Minority". To me the
parents are also a third part and have no rights of any description over
this data. Unless a law says otherwise.
Thus any disclosure to the parents, or acceptance of authority of the
parents over the child's data by the library would itself be a breach of the
law and worthy of a complaint. And, if the child were punished, doubtless
compensation!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ed Smith
Sent: Friday, November 21, 2003 11:14 AM
To: [log in to unmask]
Subject: Re: [data-protection] Schoolboy Pranks
May be worthwhile also deciding if the parents are the right people to ask
for consent for the disclosure. On the face of it the pupil in question
seems a more likely candidate.
As far as I am aware the DPA does not specify an age limit for consent, at
least the English version doesn't - may be different in Scottish law. It
just requires the data subject to understand what he is consenting to, the
likely impact on him of the consent etc.
On the face of the it, the child in question seems quite able to make the
disclosure himself. As he has already said he wasn't there, he may well
take the view I've told you and you don't need any other corroboration -
well he's hardly likely to consent to some thing that may show he is telling
porkies (a different type to the pictures admittedly) and could land him in
trouble. Still, you never know .....
Ed Smith
Date sent: Fri, 21 Nov 2003 11:01:30 -0000
Send reply to: Tim Trent <[log in to unmask]>
From: Tim Trent <[log in to unmask]>
Subject: Re: [data-protection] Schoolboy Pranks
To: [log in to unmask]
> "***** THIS EMAIL WAS SENT VIA THE INTERNET *****" Mine too! Is
> there another way?
>
> The library and the school are two distinct entities. Rules of good
> behaviour notwithstanding, the school has no right to the data, and
> the library has no right to give it to them. The data was not
> collected to be passed from department to department, and it would be
> unfair processing
>
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> <mailto:[log in to unmask]>
> Marketing Improvement Limited, Abbey House, Grenville Place,
> Bracknell, United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
> <http://www.marketingimprovement.com>
>
>
>
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> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
> Sent: Friday, November 21, 2003 10:36 AM To:
> [log in to unmask] Subject: [data-protection] Schoolboy
> Pranks
>
> ***** THIS EMAIL WAS SENT VIA THE INTERNET *****
>
> Hi All
>
> A good Friday one........a schoolboy has gone into a public library
> and downloaded some pigs (porky ones) - anyway - he has gone into his
> school and distributed copies round the school with a plumpish
> schoolgirl's face on them. The Head Teacher at the school has
> approached the library to find out if the boy had downloaded the pigs
> etc and if in fact he was in the library. Remember in Scotland,
> schools are part of the Council and libraries are part of the
> Education department. The boy has apparently denied this. I am not
> convinced that the library can in fact give the information to the
> school as it was outwith school hours. The library do know that he
> was in the library and paid for copies of the above and his pin card
> was used. I would imagine the parents wish the boy to be reprimanded.
>
> Anyone any thoughts..............
>
> Doreen
>
> Doreen Broom
> Access to Information Officer
> Scottish Borders Council
> Tel: 01835 826516
> Fax: 01835 825041
>
>
>
>
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