Both the ASBO people and the school are bound by the HRA as they are
both public authorities.
Therefore the DPA should be interpreted (where there is any doubt) in
line with the data subjects Art. 8 rights.
Therefore I submit there is a presumption of non-disclosure that can
only be overriden by express words in legislation.
You'd need to have the ASBO people quote the exact authority on which
they are relying to see if those words do purport to have that effect
(and not having seen them, I rather suspect that they wouldn't).
But even if they do, the data subject could still claim that they aren't
'necessary in a democratic society or proportionate'.
If the express words are in secondary legislation, they could be quashed
on that basis. (If they are express words in primary legislation, they
would have to be followed, even if incompatible).
Just some thoughts ..
Broom, Doreen wrote:
> Hi All
>
> A pupil has left school - ASBO unit want to raise an ASBO in Sheriff
> Court due to him having parties. ASBO Unit have rang his ex-school
> requesting copies of his education records which includes reasons why he
> was excluded at one point in time. ASBO unit are citing parts of the
> ASBO legislation that a public authority has to comply with that piece
> of legislation and that ASBO legislation came in after DPA 98 and is
> basically saying it supercedes DPA. I am of the firm belief that they
> have no entitlement to that information under DPA as it would breach
> several of the DP principles. Education collected information for
> education purposes and not for assisting with an ASBO (fishing
> expedition comes to mind). Apart from anything the boy is now 16/17 and
> has left school so consent would be needed and I doubt if he would.
>
> Any views would be greatly appreciated.
>
> Thanks,
> Doreen
>
> Doreen Broom
> Access to Information Officer
> Scottish Borders Council
> Corporate Resources - Corporate Administration
> Tel: 01835 826516
> e-mail: [log in to unmask]
>
>
>
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