Why do you need consent? You have to comply with the Principles, of course,
and consent is one way of meeting the Schedule 2 Conditions referred to in
the first Principle, but it's often not the only way. Since it is likely to
be in the students' interests for you to pick up the courses and allow them
to gain their qualification, there is every chance that you comply with the
sixth Condition: it is in your 'legitimate interests' and it is not
infringing the rights, freedoms or legitimate interests of the Data
Subjects.
Since you are acquiring the data from a Third Party, you only have to comply
with the transparency requirements in Schedule 2, Part II "as soon as
practicable" - i.e. when you write to the students to explain what has
happened. At that point if they want you to stop processing their data, for
any reason, they can tell you (in which case you might no longer meet the
sixth Condition), or if they really want you to stop they can issue a s.10
notice to prevent you causing damage or distress.
As far as the liquidated company is concerned, whoever has taken over their
Data Controller responsibilities is likely to be compliant as well, since
the disclosure to you is fair, again meets the sixth Schedule 2 Condition
(it's in the legitimate interests of the recipient - i.e. you) and also the
second Principle - compatibility with the specified Purpose(s). This might
reassure you that you are acquiring the data fairly.
While Data Protection certainly has its rough edges, it rarely obstructs you
in doing the sensible thing. Where there are conflicts of interest,
deciding what is sensible can be the hardest part, but in this case I can
see no conflict of interest and therefore no Data Protection problem.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Owen Parry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 09, 2005 10:42 AM
Subject: Student records from liquidated company
> An organisation that provides courses leading to this university's awards
> through a validation process has recently gone into liquidation. The
> liquidators have offered us paper files and 2 PCs apparently containing
the
> student records so that we may assist the student to complete their
studies
> and gain their awards.
>
>
>
> Normally we exchange student data with such an organisation on the basis
of
> the contract between them and ourselves for normal administrative purposes
> (both organisations notified with the IOC etc). As they are in
liquidation,
> has our contract lapsed ? If so, I believe we cannot process the files
and
> data on the PCs without obtaining consent from each student, with whom we
do
> not have an explicit contract.
>
>
>
> Obviously we want to act in the best interests of the students but
> ironically the contact information for many of them will be held in the
> files we would be asking them to allow us to access !
>
>
>
> Any comments ?
>
>
>
> Owen Parry
> Pennaeth Cyfrifiadura Gweinyddol / Head of Administrative Computing
> Prifysgol Cymru / University of Wales
> Tel: (029) 2038 2656 Ffacs/Fax: (029) 2039 6040
>
>
>
>
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