If handled sensibly I would see no problem in principle with applying
Condition 3b of Schedule 3 - in the absence of consent.
However I do not think just having it in a register left (permanently)
on the teachers desk for any Tom Dick or Harriet would be 'necessary'.
If identification is the issue - e.g. in the supply teacher case - why
not e.g. a photo with the medicine which is presumably locked securely
somewhere. So : principle fine, suggested practice dubious. There must
be better ways of solving the problem
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
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Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Priestley Sarah
Sent: 19 December 2007 17:03
To: [log in to unmask]
Subject: Re: [data-protection] Vital Interests
The situation relates to holding a photo of the child and their allergy
details in the class register, so that if a supply teacher comes along,
they are able to deal with a situation, should it arise, as quickly as
possible. Eg. Administering epipens etc.
We're having trouble with the word "necessary" in the condition. Is this
a necessary step to take in order to protect vital interests or is there
a more appropriate way of conveying the information that is more secure
and isn't open to anyone who can pick up the register. As I under stand
it, the register is not locked away etc, but is held in the classroom.
We will be using the consent of parents to allow is, but we got held up
on the discussion of the use of this condition and its appropriateness!
Thanks
Sarah
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 19 December 2007 16:59
To: Priestley Sarah
Cc: [log in to unmask]
Subject: Re: [data-protection] Vital Interests
Don't fully understand the relationship between a photo in a class
register and vital interests, however allergies are easier to get my
head around!
The Act allows for disclosure to "protect the vital interests of the
data subject" in schedule 3 (I would class allergy information as health
information and so sensitive personal).
However this is only acceptable when the consent of the individual
cannot be given, or the data controller cannot be reasonably expected to
get consent. I would say that if a threat was imminenet and it was a
small child that either of the above would come into play. It would work
with schedule 2 (4) to cover the required schedules.
If the data is determined to be ordinary personal data, then sch. 2(4)
will be fine and the answer would be "yes", so long as there was a
belief that the child *might* come to harm and so you are then
protecting the vital interests of the child - life being pretty vital.
Will the parents not give consent to the information being shared, where
such sharing might avoid the child coming to harm, I believe that my
son's school do this.
Hope this helps.
Simon Howarth
The Information Edge
Quoting Priestley Sarah <[log in to unmask]>:
> Would anyone support my thinking that a school could rely on the vital
> interests condition to pre-empt a life or death situation before it
> arises, rather than once a situation has come about? For example,
photos
> and allergy details carried on a class register?
>
> Thought would be welcome?!
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