I think there are two possible issues: the disclosure and the purposes.
I think a school reunion is compatible with the original purpose (whereas
saying "ah, they left 50 years ago, I wonder if I could interest any of them
in buying hearing aids from me" would not be). People may not want to be
contacted, but they can just bin the invitation.
The disclosure is slightly more problematic. How do I know this person is
genuinely interested in organising a reunion? If I disclose information
which the person wouldn't have had at the time (such as addresses), I might
be giving vital clues to someone nursing a 50-year-old grudge. However,
just releasing the names is less risky. All you are doing is refreshing the
person's memory with information that they did legitimately have at the
time. Many schools publish year-books and the like with all the pupils'
names in them. What's the difference between keeping a school year-book for
50 years and persuading the county archives to release a sub-set of the
information which would have been in the year book if it had been the
practice to produce them then?
I would retrieve the list, check that the person making the request does
appear on it as a pupil, and give it to them. If that's impractical for
some reason, suggest that they get the Leicester Mercury to publish a plea
for contacts from that school on their local history page.
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: "Tim Turner" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 18, 2007 10:06 AM
Subject: Re: Third party access to school records
> At what point does one lose the right not to be bothered by people who are
> organising school reunions?
>
> My hope, at least, is that it is never. I agree with Paul Dodgson's view
> that this is not the purpose for which the information was gathered.
> Moreover, those who are interested in keeping in touch with old school
> friends would either have done so, or use a particular website which I
> understand has been designed entirely for this purpose.
>
> Regards
>
> Tim Turner
> Data Protection / FOI officer
> Legal and Property Services
> Wigan Council
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Landau
> Sent: Fri 18 May 2007 09:58
> To: [log in to unmask]
> Subject: Re: [data-protection] Third party access to school records
>
> RE: [data-protection] Third party access to school recordsI quote from the
> contribution of Susan Healy of the National Archives on 17.4.07 in
> response
> to the same or similar question from Leicester City Council (not
> Leicestershire County Council) but from what we have been told is, in
> fact,
> the same request but passed on to a different organisation.
>
> http://www.jiscmail.ac.uk:80/cgi-bin/webadmin?A2=ind0704&L=DATA-PROTECTION&P
> =R18662&I=-3&X=1696961A28A95BD34A&Y=N.Landau%40btopenworld.com
>
> "A lot depends on what is in the records in question and what the enquirer
> actually wants. If all he wants is the names of his class, then is there
> really a problem in providing a list given the age of the information?"
>
> Nick Landau
>
> Nick Landau's Profile on LinkedIn.com
> http://www.linkedin.com/in/nicklandau1
>
> The Numbers Game
> www.thebestof.co.uk/barnet/33615/1/1/the_best_of.aspx
>
> ----- Original Message -----
> From: Paul Dodgson
> To: [log in to unmask]
> Sent: Friday, May 18, 2007 9:50 AM
> Subject: Re: [data-protection] Third party access to school records
>
>
> Problem is that the information was collected for a specified and lawful
> purpose. To provide the data to the requestor would be incompatible with
> the purpose for which the data was collected - Principle 2.
>
> Paul Dodgson
> Compliance and Records Manager
>
> -----Original Message-----
> From: Chell, Robert [mailto:[log in to unmask]]
> Sent: 17 May 2007 15:19
> To: Paul Dodgson
> Cc: [log in to unmask]
> Subject: RE: [data-protection] Third party access to school records
>
> But when the records were deposited or transferred to the Record Office,
> the
>
> purpose changed (if we try the tortuous logic of applying current
> legislation to past events).
> Equally, it is likey that the admissions register (if it has survived), is
> an unstructured chronological register, that may enable individuals to be
> identified, but is not arranged in such a way as to be able to identify
> those individuals in Durant terms.
> The road you are heading down will argue that no-one should have access to
> registers of baptisms, as they contain sensitive personal information to
> which s. 40 exemptions should be applied.
> There is guidance on access to archives in the Code of Practice for
> Archivists and Records Managers under Section 51 (4) of the DPA, issued by
> the Society of Archivists, and last updated in February this year. See
> http://www.archives.org.uk.
>
> Robert Chell
> Records Manager Rheolwr Cofnodion
> Clerk to the Council Clerc i'r Cyngor
>
> Room 111, County Hall Ystafell 111, Neuadd Sir
> CARDIFF CF10 4UW CAERDYDD CF10 4UW
>
> * [log in to unmask]
>
> * 02 920 873327
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Paul Dodgson
> Sent: 17 May 2007 13:41
> To: [log in to unmask]
> Subject: Re: [data-protection] Third party access to school records
> Nick (et al)
> Leaping to Iain's defence, the question was transferred to the County
> Council as the archives are managed via county services.
> As the County Council, we have assumed responsibility, accepting a
> transfer.
> In doing so we also accept our responsibilities under FOI and DPA - we
> do not hold the data on behalf of the City Council. As a result we
> intend to refuse under FOI S.40 etc.
> My argument is supported by simple logic (I do like simple!). I did not
> go to xx grammar as I told my life long friend. Instead, I went to y
> secondary, life long friend thinks me a liar having seen an article in
> the newspaper linking my rare name with y secondary. Irrespective of
> the truth this causes me damage and distress, the data was collected for
> educational purposes and was being held by the archives until it no
> longer carried the value of personal data to the data subject (the data
> subject needing to be deceased for this to apply). Thus, I believe this
> release to be a breach of the second principle and will complain.
> The question was asked again by my colleague because I was surprised
> that this had not come up elsewhere and we have only just now received a
> formal written request.
> Now if anyone disagrees, please put me right!
> Regards
> Paul Dodgson (for Gill Wood and myself)
> _______________________________________________________________________
> Leicestershire County Council - rated a 'four-star' council by the Audit
> Commission
> _______________________________________________________________________
>
> This e-mail and any files transmitted with it are confidential. If you are
> not the intended recipient, any reading, printing, storage, disclosure,
> copying or any other action taken in respect of this e-mail is prohibited
> and may be unlawful. If you are not the intended recipient, please notify
> the sender immediately by using the reply function and then permanently
> delete what you have received.
> Incoming and outgoing e-mail messages are routinely monitored for
> compliance
>
> with Leicestershire County Council's policy on the use of electronic
> communications. The contents of e-mails may have to be disclosed to a
> request under the Data Protection Act 1998 and the Freedom of Information
> Act 2000.
> The views expressed by the author may not necessarily reflect the views or
> policies of the Leicestershire County Council.
> Attachments to e-mail messages may contain viruses that may damage your
> system. Whilst Leicestershire County Council has taken every reasonable
> precaution to minimise this risk, we cannot accept any liability for any
> damage which you sustain as a result of these factors. You are advised to
> carry out your own virus checks before opening any attachment.
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 messages please send to the list
> owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your
> needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> **********************************************************************
> Privileged/Confidential Information may be contained in this message. If
> you
>
> are not the addressee indicated in this message (or responsible for
> delivery
>
> of the message to such person), you may not copy or deliver this message
> to
> anyone. In such case, you should destroy this message and kindly notify
> the
> sender by reply email. Please advise immediately if you or your employer
> does not consent to Internet email for messages of this kind. Opinions,
> conclusions and other information in this message that do not relate to
> the
> official business of the Council of the City and County of Cardiff shall
> be
> understood as neither given nor endorsed by it. All e-mail sent to or from
> this address will be processed by Cardiff County Councils Corporate E-mail
> system and may be subject to scrutiny by someone other than the addressee.
> **********************************************************************
> Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
> neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am
> drosglwyddo'r
> neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges.
> Mewn
>
> achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost
> ar
>
> unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich
> cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall
> nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad
> ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn
> cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw
> negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system
> E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan
> rywun heblaw'r person a enwir.
> **********************************************************************
>
>
>
>
> 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
> Selected commands (the command has been filled in below in the body of the
> email if you are receiving emails in HTML format):
> Leaving this list: send leave data-protection to [log in to unmask]
> Suspending emails from all JISCMail lists: send SET * NOMAIL to
> [log in to unmask]
> To receive emails from this list in text format: send SET data-protection
> NOHTML to [log in to unmask]
> To receive emails from this list in HTML format: send SET data-protection
> HTML to [log in to unmask]
> All user commands can be found at
> http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of
> an
>
> otherwise blank email to [log in to unmask]
> Any queries about sending or receiving messages please send to the list
> owner [log in to unmask]
> (Please send all commands to [log in to unmask] not the list or the
> moderators, and all requests for technical help to
> [log in to unmask],
> the general office helpline)
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 messages please send to the list
> owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your
> needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>Corporate Disclaimer<<
> **********************************************************************
> This email and any files transmitted with it are confidential and
> intended solely for the use of the individual or entity to whom they
> are addressed. If you have received this email in error please notify
> the system manager.
>
> This footnote also confirms that this email message has been swept by
> Proofpoint for the presence of computer viruses using F-Secure
> anti-virus software.
>
> www.proofpoint.com
> www.f-secure.com
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 messages please send to the list
> owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your
> needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [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 messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|