Matt,
I would have thought that, realistically, you can't stop an individual
making the recording since it is covered by the domestic purposes
exemption. The DDA merely stops anyone on the panel from complaining
about it !
For the University to record it puts it into a different game completely
and you have to consider the various hurdles you have mentioned. That is
by far the more problematic approach.
Regards
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Matt Cooper
Sent: 30 September 2008 12:31
To: [log in to unmask]
Subject: [data-protection] Recording of Appeals Panels
Hello all,
I'd appreciate some DP advice on the following scenario.
We have been approached by a student who wishes to record his upcoming
appeals panel as he has dyslexia. We are looking into the requirements
of the DDA and reasonable adjustment etc.
Assuming that the DDA says we have to allow this recording I wonder what
issues there may be with the DPA. If the DDA says we have to allow
recording the DPA wouldnt prevent it (Sch2 3) and as far as Im concerned
the data subject would be the appellant.
My view is that the University should record the proceedings and supply
the appellant with a copy however there is concern from staff about the
recording. My view is that as employees, they are acting in their
professional capacity representing the views of the University and
therefore just because they are on tape it doesnt mean its their
personal data. However sometimes the conversation can apparently turn to
the competence or otherwise of members of staff who are sometimes blamed
for the appeal occuring. Some aspects of the tape could then become the
personal data of employees but we would have to supply a copy of this to
the appellant.
To cut a long story short, do any other Universities allow appeals
panels to be recorded, if so what safeguards are in place. If not, why
not and is there a legal basis for disallowing the recording?
Any views would be gratefully appreciated
Best regards
Matt Cooper
Records and Information Manager
University of Wales, Newport
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