In principle, it is perfectly possible to ask for and receive personal data
about a third party under the Freedom of Information Act. For a recent
example, look at the Information Commissioner's decision on a request made
to Corby Council about senior staff salaries. The Commissioner ruled that
the information was definitely personal, and also that the council had a
duty to find a way to disclose it that was compatible with DP. This request
is being challenged, but you can see that the Commissioner does not rule out
getting third party personal data under FOI.
Obviously, the chances of someone being given information about a child
under FOI is very very remote - nevertheless, any request for it would have
to go through the motions in order to avoid leaving the door open to a
complaint and the wrath of the Commissioner, whatever that might look like.
Tim Turner
Data Protection / Freedom of Information Officer
Wigan Council
> ----------
> From: Simon Howarth[SMTP:[log in to unmask]]
> Reply To: Simon Howarth
> Sent: 12 October 2005 14:08
> To: [log in to unmask]
> Subject: Re: [data-protection] Connexions consent
>
> A1. No, it's not a correct form of consent. As I have said today in
> another thread, consent can never be given by silence in this instance.
>
> A2. I think they have FOI and DPA mixed up. I cannot see why as part of
> the FOI this should take place. In my experience Schools in general do
> not have a very good understanding of DPA or FOI so I would think that
> it is a mistake. Unless they are asking consent to share personal
> details under FOI, which would worry me!
>
> On the upside, I have been involved with Connexions from an inter-agency
> data sharing point of view, and whilst they are a group of autonomous
> organisations, they all have a very good understanding of the
> legislation and apply it properly and sensibly. It's the school I would
> worry about!
>
> Simon Howarth.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Roland Perry
> Sent: 12 October 2005 13:36
> To: [log in to unmask]
> Subject: Connexions consent
>
> It's that time of year again.
>
> I have a child who has started at secondary school, and they brought
> home a "DPA 1998 Consent Withheld Form"; which, if I do not return it,
> carries the assumption that the school can share the child's personal
> data with a range of agencies.
>
> Q1. Is this "It's OK unless we hear from you", a correct form of
> consent?
>
> Q2. Why does the form say "As part of the FOI Act we are now obliged to
> ask pupils/parents about their willingness to share their personal
> data". Does this mean that they think anyone could use FOI to get the
> personal data of any local schoolkid? If not, what's the issue?
> --
> Roland Perry
>
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