One approach is to ask the student what benefit is expected from the
disclosure, accompanied by a clear explanation that a tutor is not
necessarily empowered as an individual to bring about the desired results
within the institution.
I'm not sure in what ways disabilities attributable to poor mental health
should be regarded as needing different treatment in comparison to any other
student disability by a university. The usual requirement is that a student
makes a declaration (however discreetly) and provides evidence (however
brief). It seems a bit hard that what amounts to a casual conversation
between two individuals should be regarded as the institution taking on
unspecified (and so limitless) responsibility for a student and I would be
surprised if it were regarded that way if tested under the DDA.
Regards, Bernard
Bernard Doherty
Assessor
East Anglia Regional ACCESS Centre
Anglia Polytechnic University
East Road
Cambridge CB1 1PT
01223 363271 x2534
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----- Original Message -----
From: "Paul Hubert" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 24, 2005 6:00 PM
Subject: Re: Students with mental health difficulties
> A data controller must be a "person" i.e. a legal person. This term
> comprises not only individuals but also organisations such as companies
and
> other corporate and unincorporated bodies of persons.
>
> ICO Guidance p16.
>
> Tony, does that help? Otherwise I think we might get into something
> impenetrable here. Suffice it to say that if every individual were
> separately accountable for data protection (and required to notify), the
> Data Protection Act would be an unworkable nightmare. Suppose, for
example,
> that every individual worker in a Disability Support Unit or a Citizens
> Advice Bureau had to have a client's consent before anyone else could see
> information about them - how would we manage the document trail?!
> (Especially bearing in mind that a case record could be personal data
about
> the worker as well as the client.) The person who works on the next desk
to
> you or another building on the same campus may be 'a third party' outside
of
> work but fortunately the DPA doesn't erect unreasonable hurdles to working
> together.
>
> Perhaps if you're not convinced we should do this off-list (unless there's
a
> hue and cry!)
> Paul
>
> ----- Original Message -----
> From: "Smith, Tony" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, February 24, 2005 5:14 PM
> Subject: Re: Students with mental health difficulties
>
>
> If passing information given by one person to another person is not
> "disclosure to a third party" I would love to know what is.
>
> Tony
>
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