Chris
There certainly is a contract between the student and the Institution. It has rights and obligations on both sides.
It is likely to be a bit more explicit these days than when you entered into a (probably largely implicit) agreement, but both exist.
How the elements of that contract manage student use of personal data doubtless differ from place to place and between type of student. But it is for each instution to define and then manage the relationship.
Regards
Jim
=========================================================
-----Original Message-----
From: Chris Brogan [mailto:[log in to unmask]]
Sent: Fri 03/06/2005 08:01
To: [log in to unmask]
Cc:
Subject: Re: [data-protection] Student use of personal data
If the student isnt the Data Controller then surely he is the Data processor. As the relationship Controller and Processor is a legal one I ask the question ..has it been evidenced in writing?. i.e. Is there a contract between University and Student and does it include the Data Protection Clauses especially Principle 7..Security.
I would suggest that the student is data controller and can rely on the exemptions afforded by section 36.
I say tat because I doubt if the contract mentioned above is in place, the student is not employed (PAYE) by the University unless it has changed since my day.
Chris Brogan
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