FYI
http://news.bbc.co.uk/1/hi/business/5194150.stm
JASON PARKER-SMITH
Tel:-07813 818176
www.astoninfosec.co.uk
This e-mail is confidential and intended solely for the use of the
individual to whom it is addressed. Any views or opinions presented
(including attachments) are solely those of the author and do not
necessarily represent those of Aston Information Security Ltd.
If you are not the intended recipient, be advised that you have received
this e-mail in error and that any use, dissemination,
forwarding, printing, or copying of this e-mail is strictly prohibited.
If you have received this e-mail in error, please contact the sender.
Whilst every effort has been taken to ensure protection against virus
infection, we cannot accept any responsibility for viruses. Consequently,
please ensure that all attachments are virus checked prior to opening.
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, July 20, 2006 11:29 AM
Subject: Re: [data-protection] The Cost of Non-Compliance
This question arose regarding data sharing as the Government is asking
us to do. We took senior counsel's opinion and there was of course no
legal basis for doing so and Local Govt (Finance) Act would not allow us
to share the data. One of our guys pushing Customer First and
obviously wants to succeed posed the same question. Our Head of
Revenues & Benefits replied to say that we as a Council should be seen
to be acting within the law and not breaking it - can you imagine the
publicity.
As far as FoI is concerned - we didn't respond to a letter from the
Scottish Information Commissioner and they have basically told us if
this happens again we could end up in Court of Session.
Anyway David, I shall be complying - don't want to end up in Court.
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of David Aspinall
Sent: 20 July 2006 11:11
To: [log in to unmask]
Subject: The Cost of Non-Compliance
Sorry to cross-post with a Friday question but I'm hoping this will
create
some interesting replies. I have been asked the following question by a
senior member of staff in a central government area who definitely has
an
accountant's view of the world.
"What is the real risk of non-compliance in FOI, DPA or EIR? Has anybody
been fined large sums of money? Has anybody lost their jobs?"
I would be happy to consolidate responses on this. If necessary,
anonymised
responses will be welcome. I would also be grateful if anybody knows any
further avenues of research.
David Aspinall
Senior Records Management Consultant
Tribal Education & Technology
The Charnwood Building
Holywell Park
Ashby Road
Loughborough LE31 3GS
T 01509 268292
F 01509 232748
E [log in to unmask]
M 07785 234322
www.tribalgroup.co.uk
This email and any attachments (together the "contents") are for the
confidential use of the named recipient(s) only. They may be subject to
legal professional privilege. They are intended solely for the person
or
organisation to whom this email is addressed and if you are not the
intended
recipient, you must not copy, distribute, disclose or take any action in
reliance on the contents. If you have received this e-mail in error,
please
delete the contents from your computer system and notify the sender as
soon
as possible. Any opinions expressed in the contents are those of the
individual and not necessarily of the company. Whilst the contents have
been
scanned for the presence of computer viruses, we do not guarantee that
they
are virus-free and we accept no liability for any damage or loss
resulting
from a virus or any malicious program. It is the recipient's
responsibility
to ensure that the onward transmission, opening or use of the contents
will
not adversely affect their systems or data or otherwise incur liability
in
law.
____________________________________________
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Dodgson
Sent: 19 June 2006 12:25
To: [log in to unmask]
Subject: [data-protection] School Exam Marks - Access by Schools
Pupils/Parents
Dear All
I have been asked to look into the question below. The request is from
a
third party who is seeking advice. Whilst not obliged to do so (I act
for
the atuhority, not the enquirer), I am interested in your views re that
below. Please note I have not modified the note below save redacting
personal details. Any thoughts/views would be most appreciated, on or
off
list.
Thanks
Paul
Re: question on exam mark access by school pupils. I wonder if you might
be
able to offer any information on a very specific interpretation of the
application / remit of the Data Protection Act?
I have confirmed with the exam boards - AQA WJEC - that they are happy
for
unmoderated marks for assessed coursework for public examinations to be
released to students as soon as teachers have marked the work. They
therefore treat this very differently to access to examination marks for
formal exams, (the latter subject to a right of access exemption under
Data
Protection). This means the raw score from the teacher can be given out
for such school based work, even though it may be subject to change
before
the final issue of a formal GCSE or A Level grade by the board for
candidates in August.
I am clear that as a parent, under the Education Act, I have right of
access to data concerning my child, (with exceptions such as child
protection issues). Separately, my child has right of access to
information about themselves, (especially at 17 years old where it is
clear
they are capable of understanding the information).
The vast majority of schools do not hesitate to offer students access to
unmoderated assessed coursework marks. However, in the instance of
such
access being obstructed, does the student have their right of access to
their mark held on the school data base by virtue of the Data
Protection
Act?
Clearly, if schools are able to sustain their choice to withhold the
data,
students will face anomalies both between schools and within schools, as
to
the level to which they may benefit from such feedback information in
preparation for their formal exams. It becomes possible for students at
one school to sit an exam having benefited from adjusting their approach
because they were offered their coursework mark, whereas other
students
sitting exactly the same public exam may do so denied such benefit.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
On entering the GSI, this email was scanned for viruses by the
Government Secure Intranet (GSi) virus scanning service supplied
exclusively by Cable & Wireless in partnership with MessageLabs.
In case of problems, please call your organisational IT Helpdesk.
The MessageLabs Anti Virus Service is the first managed service to
achieve the CSIA Claims Tested Mark (CCTM Certificate Number
2006/04/0007), the UK Government quality mark initiative for information
security products and services. For more information about this please
visit www.cctmark.gov.uk
********************************************************************
* This email is privileged, confidential and subject to copyright. *
* Any unauthorised use or disclosure of its content is prohibited. *
* The views expressed in this communication may not necessarily *
* be the views held by Scottish Borders Council. *
* Please be aware that any email sent or received by the Council *
* may require to be disclosed by the Council under the provisions *
* of the Freedom of Information (Scotland) Act 2002. *
********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|