Please do not confuse a reasonable gut reaction with the law. Yes, it may
lead to suicide. Or it may be about all sorts of other things too. Data
protection is not an excuse not to enable action. It is the inalienable
right of the individual to be protected under the law, be it from data abuse
or other abuses. We are dealing here with the rights of the alleged
perpetrator. No more and no less.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: Friday, November 21, 2003 12:12 PM
To: [log in to unmask]
Subject: Re: [data-protection] Schoolboy Pranks
But hang on a minute. This isn't an innocent prank. It's the kind of
bullying that can, ultimately, lead to suicide. I would be very unhappy
using data protection as an excuse not to enable the appropriate action to
be taken. (I'm speaking here as a school governor who has been on several
appeal panels on pupil discipline. The crucial issue is often obtaining
good quality evidence.)
If it is possible to take action without causing a data protection problem,
then of course that is the best course to follow. But if this disclosure is
necessary before action can be taken and it is only Principle 2 that is
preventing the disclosure I would argue that it is 'compatible' with the
purpose for which the records are held, unless this has been phrased really
tightly. (Note 'compatible with' not 'the same as'.) Surely there is
something in the rules at the library about using the system appropriately
and enforcement being part of the reason for recording access. I can't see
that it would breach any other Principle. For example it should satisfy
Principle 1 by being fair (after all, it should exonerate the boy if he is
telling the truth) and meeting Schedule 2, Condition 6 - being in the
'legitimate interests of the third party ... to whom the data are
disclosed'. So no need for consent from anyone.
I completely understand the arguments about being careful and thinking
things through, but I wouldn't hesitate to shop the [insert own
description].
The age at which children in Scotland can normally exercise their own data
protection rights, incidentally, is 12 (s.66).
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, November 21, 2003 11:42 AM
Subject: Re: 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>
> >
> >
> >
> > This message is for the intended addressee's use only. It may
> > contain confidential, proprietary or legally privileged information.
> > No confidentiality or privilege is waived or lost by any
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> > where the message states otherwise and the sender is authorised to
> > state them to be the views of any such entity.
> >
> >
> >
> > -----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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> > * Any unauthorised use or disclosure of its content is prohibited. * *
> > The views expressed in this communication may not necessarily * *
> > be the views held by Scottish Borders Council. *
> > ********************************************************************
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