S.T.Allely on Friday, January 21, 2005 at 10:46 AM said:-
> We have received a request from a local council who work
> within the Children Leaving Care Act 2000 for personal data
> about a student.
>
> Is anyone familiar with this Act? Does anyone know if it
> gives them the authority to request and receive specific
> information about a student using condition 5(b) DPA 98?
I have not worked with that act and like many DP people am not a legal
advisor, but a quick viewpoint.
DPA 1998 Schedule 2 5(b) provides for the exercise of any function.
CLCA 2000 provides functions to LA's regarding 'children in care' and allows
those functions to be exercised up to 21 years of age or later. (Probably to
facilitate care where it may be considered an individual does not have
sufficient mental capability.)
The CLCA 2000 does not appear to have many built in controls on the exercise
of its functions in many areas so is probably relying upon the HRA and other
human rights instruments.
I would ask the LA to produce any order and specifically identify the powers
and sections it is relying upon and enquire with the student (if over 18
yrs) if they agree to the disclosures being requested.
Dependent on the age of the student if they do not agree to the disclosures,
very serious consideration of their views, against the DPA, HRA and the
pertinent circumstances would be required. Unless of course the
organisation wished to avoid upholding any of the students rights and any
conflict that may cause, in which case it could rely upon a straightforward
interpretation to try to avoid all the issues mentioned.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of S.T.Allely
> Sent: Friday, January 21, 2005 10:46 AM
> To: [log in to unmask]
> Subject: Functions under any enactment - Children Leaving Care Act
>
>
> We have received a request from a local council who work
> within the Children Leaving Care Act 2000 for personal data
> about a student.
>
> Is anyone familiar with this Act? Does anyone know if it
> gives them the authority to request and receive specific
> information about a student using condition 5(b) DPA 98?
>
> Any comments,
> Sue
>
> --
> __________________________________
>
> Susan Allely
> Records Management Administrator
> Gweinyddwr Rheoli Cofnodion
>
>
> Prifysgol Cymru, Bangor/University of Wales, Bangor
> Gwasanaethau Gwybodaeth/Information Services Main
> Library/Prif Llyfrgell College Road/Ffordd y Coleg Bangor
> Gwynedd LL57 2DG
>
> Tel: 01248 38 8089
> Fax: 01248 38 8194
> E-mail: [log in to unmask] / [log in to unmask]
>
> S.T.Allely [log in to unmask]
>
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