Hitches, John F on 03 June 2005 at 08:37 said:-
> I would appreciate indications of how other educational
> establishments regard the use of personal data collected by
> students as part of course projects etc..
>
> Scenario: A student undertaking a particular assignment
> decides to collect personal data related to his study topic.
> Is that student the data controller or is the University? We
> take the view that intellectual property rights in student
> work rest with the student and therefore our instinct is that
> the personal data is in the control of the student and the
> student is therefore the data controller.
>
Does the research form part of an original work wholly created by the
student?
If the work is the students original work, then notwithstanding they may
receive some guidance from an educational establishment the student will
probably, in many circumstances be at least a joint data controller.
>
> If that is the case then should the student be notifying
> under the Act (and is the OIC ready to receive notifications
> from thousands of students)?
>
Is the student able to claim one of the many exemptions?
>
> On what basis, if any, could the university be regarded as
> the data controller? Perhaps if they are telling the student
> what data to collect and what to do with it but it is less
> clear if the student is determining the processing of the data.
>
>
>
> Or do other institutions regard themselves as owning such
> personal data and therefore put themselves in the position of
> data controller - I suppose then the question arises as to
> whether the student is a data processor and there should be a
> written contract in place!
>
Surely that would depend upon the other institution, the student and the
educational establishment's relationship/history and need to be considered
against any constraints already surrounding the data in question. It has
been my experience those issues can all be relevant.
>
> The situation may usually be clearer for post-graduate
> students and especially if they are involved in research
> which is either sponsored by a third party or led by the University.
>
Is that because the sponsorship could give total control of the research to
the third party? If it does not then why are they not also a joint data
controller?
>
> We have discounted a section 36 exemption as not being
> appropriate in this case.
>
>
>
> Any thoughts much appreciated.
The main difficulty in arranging these issues is when the data is subject to
constraints which cannot easily be put to one side and getting the
researcher to recognise that those constraints remain on the data, no matter
where it resides.
> I sent this message to the list yesterday but it does not seem to have >
appeared. Apologies if it now comes out twice
Yesterday was a bad day for missing e-mails as I had a few to the group go
astray, which is unfortunate when it frequently happens during a very
topical thread and could therefore be perceived as manipulation particularly
if only e-mails voicing certain views get through. My ISP was carrying out
e-mail maintenance at the time so the missing ones will probably arrive in
due course.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Hitches, John F
> Sent: 03 June 2005 08:37
> To: [log in to unmask]
> Subject: FW: Student use of personal data
>
>
> I sent this message to the list yesterday but it does not
> seem to have appeared. Apologies if it now comes out twice
>
>
>
>
>
> I would appreciate indications of how other educational
> establishments regard the use of personal data collected by
> students as part of course projects etc..
>
>
>
> Scenario: A student undertaking a particular assignment
> decides to collect personal data related to his study topic.
> Is that student the data controller or is the University? We
> take the view that intellectual property rights in student
> work rest with the student and therefore our instinct is that
> the personal data is in the control of the student and the
> student is therefore the data controller.
>
>
>
> If that is the case then should the student be notifying
> under the Act (and is the OIC ready to receive notifications
> from thousands of students)?
>
>
>
> On what basis, if any, could the university be regarded as
> the data controller? Perhaps if they are telling the student
> what data to collect and what to do with it but it is less
> clear if the student is determining the processing of the data.
>
>
>
> Or do other institutions regard themselves as owning such
> personal data and therefore put themselves in the position of
> data controller - I suppose then the question arises as to
> whether the student is a data processor and there should be a
> written contract in place!
>
>
>
> The situation may usually be clearer for post-graduate
> students and especially if they are involved in research
> which is either sponsored by a third party or led by the University.
>
>
>
> We have discounted a section 36 exemption as not being
> appropriate in this case.
>
>
>
> Any thoughts much appreciated.
>
>
>
> John Hitches
>
> Kingston University
>
>
>
>
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