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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 Okey, Andrew
Sent: Friday, January 09, 2004 12:24 PM
To: [log in to unmask]
Subject: [data-protection] DPO vs DDA
> Hi folks,
>
> A Friday conundrum. I'd be grateful for views, particularly if anyone has
experienced similar circumstances.
>
> At the start of the academic year our quality office distributed
> questionnaires to incoming first years asking them what their personal
> goals were for their years at university (this was as part of our
> "Growing Lancaster Graduates" project on personal devlopment and
> progress files). One student stated on their form that their personal
> goal was to 'battle with and defeat their serious mental health
> problems'. They submitted the form with their name and signature. Our
> quality office mentioned this instance (no names, though) to our
> Student Support office, who wanted to contact the student to offer
> advice. The issues arising from this seem to be -
>
> (i) So far as I was concerned, the student had consentingly submitted data
for the purposes of a particular survey only, so I was not prepared to allow
Student Support to have their details or act on them.
I agree with your interpretation
>
> (ii) I did feel, however, that our quality office could at least write to
the student to inform them of the services Student Support could offer. Now
I know that the questionnaire wasn't intended for that purpose so this could
be deemed to be "unfair processing", but I felt that the chances of the
student in question feeling that this concept had been breached would be
small.
I agree that, with careful wording, this letter is allowable and
appropriate.
>
> (iii) But, the Student Support office have pointed out that, in any case,
Part 4 of the Disability Discrimination Act 1995 seems to place an
obligation on public bodies to act in support of anyone who declares, in any
'official' way a disability - where support is not proferred, a public body
may fall foul of the law in such cases. Hence, we appear to have a conflict
between two bodies of legislation, particularly in regard of whether a
release of information to Student Support as in (i) above is actually
permissible.
I do not see that this statement of a goal was declared in any way that
could be considered official.
>
> Any thoughts?
>
> Andrew Okey
> Lancaster University
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