Did the student declare his disability on application/registration form
and if so do your disability advisors routinely follow up?
Margarita
Tim Trent wrote:
>interleaved
>
>-----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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