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DATA-PROTECTION  May 2007

DATA-PROTECTION May 2007

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Subject:

Re: Third party access to school records

From:

Paul Ticher <[log in to unmask]>

Reply-To:

Paul Ticher <[log in to unmask]>

Date:

Fri, 18 May 2007 14:59:10 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (338 lines)

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
> _______________________________________________________________________
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