This is the bit I was thinking of, in Section 117:
2) Information shall not be provided under subsection (1)(c)-
(a) in the case of a pupil or student who has not attained the age
of 16, if a parent of his has instructed the institution not to provide
information of that kind under this section, or
(b) in the case of a pupil or student who has attained the age of
16, if he has instructed the institution not to provide information of that
kind under this section
It appears to put the onus on the parent to tell the school not to pass
further information -opt-out, rather than opt-in
Tim Turner
Data Protection / Freedom of Information Officer
Wigan Council
> ----------
> From: Gibson, Martin[SMTP:[log in to unmask]]
> Reply To: Gibson, Martin
> Sent: 12 October 2005 14:11
> To: [log in to unmask]
> Subject: Re: [data-protection] Connexions consent
>
> The relevant sections of the Learning and Skills Act (2000) are sections
> 117
> to 120. It allows the transfer of basic personal data such as name and
> address of the pupil and parents without their permission. The purpose of
> the notification is to get your permission to transfer other useful
> information like date of birth, ethnicity, home telephone number etc not
> covered by the LSA.
>
> Martin Gibson
> Customer Relations Team/Data Protection Officer
> ICT Services
> Buckinghamshire County Council
> 01296 382907
> [log in to unmask]
> www.buckscc.gov.uk
>
>
>
> -----Original Message-----
> From: Tim Turner [mailto:[log in to unmask]]
> Sent: 12 October 2005 14:04
> To: [log in to unmask]
> Subject: Re: Connexions consent
>
>
> It's a while since I read the Learning and Skills Act, so I might be
> wildly
> off the mark here. But I think I am right that the formulation in the
> notice
> you quote is what the Act says - i.e. that parents have to opt-out of
> further information being passed to the Connexions service. I'm sure the
> Learning and Skills Act actually puts it this way around.
>
> I'm happy to be corrected, but I think the school is acting correctly
> within
> the terms of the relevant legislation. Presumably, if my memory is right,
> it
> was consciously drafted so that less parents would opt-out, therefore
> maximising the amount of information passed to Connexions.
>
> Tim Turner
> Data Protection / Freedom of Information Officer
> Wigan Council
>
> > ----------
> > From: Roland Perry[SMTP:[log in to unmask]]
> > Reply To: Roland Perry
> > Sent: 12 October 2005 13:35
> > To: [log in to unmask]
> > Subject: [data-protection] 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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