I agree with the proposition that one should only disclose if it was
reasonable in all the circumstances to do so.
However, I would guess that it is reasonable in this case. If a person has
misled an employer about their qualifications, what right have they to
expect that the University will go along with it. The risk of damage to the
University's interests is surely sufficient to justify giving an answer.
Otherwise, what is to stop me applying for jobs with a Double First from
Cambridge on my CV? By telling the employer which institution supposedly
awarded the qualification, they open the door for the check to be made. The
fact that the consequences for the person concerned don't put the University
in a difficult position, they put the person in a difficult position. I
don't think my old Uni should be telling people what my results were just
because they're curious, but in this situation, the student took the first
step. I wouldn't ask consent because in this situation, it should be in the
student's reasonable expectations that checks will be made.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
Tel: 01942 488354 (ext 8354)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of RONAN DURNIN
Sent: Fri 08 June 2007 12:38
To: [log in to unmask]
Subject: Re: [data-protection] Disclosing Student Records to
Employers[Scanned]
Have you got the data subject's consent to disclose information?
Most contracts of employment make some sort of reference to "fraudulent
qualifications" being a misdemeanor that is likely to result in dismissal
from the post. So on this basis if you disclose the information without
consent and that disclosure results in the dismissal of the (lying)
employee, you might find yourself in a difficult position.
Is it reasonable in all the circumstances to disclose the data with consent?
Have you considered the impact of releasing the information without consent?
========================
Ronan Durnin
Business Support Officer
NIGALA
79 Chichester Street
Belfast
BT1 4JE
(02890 316557 DDI)
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of James Allison
Sent: 08 June 2007 11:56
To: [log in to unmask]
Subject: [data-protection] Disclosing Student Records to Employers[Scanned]
An interesting situation, which I would be grateful for any input on:
An employee tells their employer that they have passed an exam when they
have in fact failed (and hence don't have the full qualification they claim
to have).
What is the Institution's responsibility when approached by the employer
who wants evidence of the student's academic achievements, and which part of
the act covers this?
Thank you!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This message is for the named person's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mistransmission.
If you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. The Northern Ireland Guardian ad Litem Agency reserves the right
to monitor all e-mail communications through its networks. Recipients should
also be aware that all e-mails received by the Northern Ireland Guardian ad
Litem Agency are subject to the Freedom of Information Act 2000 and
therefore may be disclosed to a third party.
Any views expressed in this message are those of the individual sender,
except where the message states otherwise and the sender is authorised to
state them to be the views of any such entity.
This e-mail was scanned by Sophos anti-virus software updated on an hourly
basis.
This message is for the named person's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mistransmission. If
you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. The Northern Ireland Guardian ad Litem Agency reserves the right
to monitor all e-mail communications through its networks. Recipients should
also be aware that all e-mails received by the Northern Ireland Guardian ad
Litem Agency are subject to the Freedom of Information Act 2000 and
therefore may be disclosed to a third party. Any views expressed in this
message are those of the individual sender, except where the message states
otherwise and the sender is authorised to state them to be the views of any
such entity.
This e-mail was scanned by Sophos anti-virus software updated on an hourly
basis.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|