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Exactly and by submitting the information on the survey is the student
trying to tell people to be aware of his/her problems i.e. consent. We
don;t want another Soham/British Gas so common-sense wins for me.
D
-----Original Message-----
From: Martin Tubbs [SMTP:[log in to unmask]]
Sent: 09 January 2004 12:37
To: [log in to unmask]
Subject: Re: DPO vs DDA
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Can common sense prevail? What is in the best interest of the
individual?
-----Original Message-----
From: Okey, Andrew [mailto:[log in to unmask]]
Sent: 09 January 2004 12:24
To: [log in to unmask]
Subject: DPO vs DDA
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> 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.
>
> (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.
>
> (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.
>
> Any thoughts?
>
> Andrew Okey
> Lancaster University
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