It's not disclosure to a third party but use of information by the data
controller. Is it 'fair processing' to pass it on? Well, given the potential
obligation to provide services to a disabled person the question is whether
the student has disclosed it to the institution or disclosed it to a
particular person and made clear that he doesn't want it disclosed to other
people even if that may impact on the institution's ability to provide
appropriate services. The institution has a legitimate interest in ensuring
that the information reaches those who need to know.
Paul
----- Original Message -----
From: "Smith, Tony" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 24, 2005 4:16 PM
Subject: Re: Students with mental health difficulties
If a tutor is given information about a student's mental health, what
exemption in the Data Protection Act would allow him/her to give the
information to anyone else in the institution without the student's
permission?
Tony
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