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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