Tim
My problem with common sense is - common to whom? Assuming, hypothetically,
that the mental health problems are serious enough to be regarded as a
disability, then the ICT based student records system would have to record
the data for Funding Council reporting purposes. We currently have some
100+ staff with, necessarily, sufficient privileges to access that data.
Given till next Friday I could think of another dozen or so other staff who
would potentially need to know if we are to ensure that we meet our duty of
care to this student, other students and staff. They all work within an
ethos (and a disciplinary code) of confidentiality but it somehow seems less
re-assuring than your outline of an acceptable approach.
Paul's point (as it was only my second post the 'gently' was appreciated) on
the way to approach such a situation might be as much moral as legal. It
may be that in a breach of duty case the institution would be deemed to have
knowledge of the students' circumstances however they have been
communicated. It would be a strange twist on Andrew's clash of laws - could
we be in breach of duty because DP law wont let us tell ourselves what we
need to know to avoid that breach?
Steven
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