Smith, Tony on Friday, January 21, 2005 at 2:27 PM said:-
> Not sure how it fits in with DPA but the CLCA gives a
> repsonsibility to councils to have a plan for children
> leaving care until they are 21. I do not think it mentions
> mental capability. If, for example, an 18 year old goes to
> university, the LA still has responsibility.
Quite.
Equally a parent feels responsibility for a lifetime, but the DPA and HR
instruments provide some protection for children and most certainly provide
protection for adults.
Privacy in that context is not contingent upon responsibility others feel
they may have, or directions they would wish to exercise.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Smith, Tony
> Sent: Friday, January 21, 2005 2:27 PM
> To: [log in to unmask]
> Subject: Re: Functions under any enactment - Children Leaving Care Act
>
>
> Not sure how it fits in with DPA but the CLCA gives a
> repsonsibility to councils to have a plan for children
> leaving care until they are 21. I do not think it mentions
> mental capability. If, for example, an 18 year old goes to
> university, the LA still has responsibility.
>
> Tony
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]]On Behalf Of Ian Welton
> Sent: 21 January 2005 13:41
> To: [log in to unmask]
> Subject: Re: Functions under any enactment - Children Leaving Care Act
>
>
> 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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