Our view is that the student shouldn't be collecting any personal data without guidance from his/her lecturer, tutor or research supervisor -- so we're still the data controller.

We have plenty of information about data protection in the student handbook, but I'm taking the possibly dangerous step of saying that I will be happy to provide a short overview of the Data Protection Act and what the students can do with other people's information, and under what circumstances.

Mary F. Liddell
Data Protection and Information Officer
Brunel University



-----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: 02 June 2005 11:29
To: [log in to unmask]
Subject: [data-protection] Student use of personal data


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

 


This email has been scanned for all viruses by the MessageLabs Email
Security System.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^