Depends what relationship the school keep with the student, in the past
it has always been that they always appointed us to deliver the bits
that they couldn't or didn't want to (subject specialism / exclusion
etc.) but I'm not sure whether that model is still exclusively the only
one that we or other providers use. I'll check it out with my
colleagues if you need to see fully how we deal with it.
If they come direct to you without school involvement then it would
appear that the ICO position is that they fall under DP with their own
rights. I'm just not clear how this could happen if they're still in
compulsory education.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dunster, Jon
Sent: 06 January 2011 15:26
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information
(again!)
So in effect we're back to the original proposition that if access was
required through ER2005 it would have to go through the school. No
doubt we would be updating the school anyway so they would have the
data. Or would we be in a processor role for the school who are the
controller so if they gave their permission we could disclose the
educational record under DPA (the information they would disclose under
ER2005).
Phew.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 06 January 2011 15:20
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information
(again!)
To complexity it further, those who we take who are of compulsory age
are usually instructed by the school to do so and they maintain some
control. Whether this is for ER2005 purposes I'm not sure.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dunster, Jon
Sent: 06 January 2011 15:14
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information
(again!)
Hi David,
Those regulations certainly appear to only apply to schools ("any school
maintained by a local education authority" from the regs). So if the
student was of compulsory education age but attending an FE College my
reading is that it wouldn't apply so you would fall back to DPA.
Best wishes,
Jon
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of David Wilson
Sent: 06 January 2011 14:35
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information
(again!)
The Education (Pupil Information) (England) Regulations 2005 apply to
'educational records' whereas DPA applies to all other pupil records
(e.g.
pastoral records, behavioural records etc. The parent has a right to the
former until the pupil completes compulsory education i.e.pre sixth
form, without the consent of the pupil, whilst the parent would need the
pupil's consent to access the latter once the child is of sufficient age
and capacity, the accepted guide for a child of normal development is 12
years of age.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
"McClen James (South of Tyne and Wear)" <[log in to unmask]> Sent
by: This list is for those interested in Data Protection issues
<[log in to unmask]>
06/01/2011 14:27
Please respond to
"McClen James (South of Tyne and Wear)" <[log in to unmask]>
To
[log in to unmask]
cc
Subject
Re: [data-protection] Parental access to student information (again!)
I'm confused. Does DPA take precedent over the The Education (Pupil
Information) (England) Regulations 2005 here? The ICO guidance
identifies 2 methods of access via either SAR under DPA or a request by
a parent under the Regulations but the latter seems to take no account
of consent. So if a parent actually cites the Regulations when
requesting access to their child's education record are you applying a
consent test because it's the right thing to do (natural justice) or
does DPA kick in because the Regulations are somewhat sparse and less
clear. Apologies if I've missed or misread something Jim
Jim McClen
Records Manager
Information Governance
Informatics
NHS South of Tyne and Wear
Clarendon
Windmill Way
Hebburn
Tyne and Wear
NE31 1AT
Direct Line: 0191 283 1524
Fax Line: 0191 283 1228
Mobile: 07768852331
Email: [log in to unmask]
Serving Gateshead, South Tyneside and Sunderland Primary Care Trusts
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dunster, Jon
Sent: 06 January 2011 13:30
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information
(again!)
Hi there, thank you.
At the moment it's in its early stages but sometimes these ideas have a
habit of acquiring their own momentum. No, there is no consent
requested for this kind of access at the moment.
I was a little uncomfortable about the bit with 14-16 students. I
_think_ that the pupil information regs won't apply since they are not
in a school setting ("These Regulations apply to schools in England").
So if the local authority sends them to us then it wouldn't apply. If
they were still officially school pupils undertaking courses here then
it would apply but via the School.
Basically the advice boils down to, in the case of our FE College, to
seek consent from the student.
Best wishes,
Jon
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 06 January 2011 13:14
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information
(again!)
I think your approach is quite correct (and Lawrence's non-legalese
amendments make sense)
I presume the cunning plan relates only to access to the 14-16 year
olds' records? It would be EVEN more concerning if it were for all
students! Also you make reference to "further consent" from the
students. Not that this really matters, but have they already given some
form of consent?
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dunster, Jon
Sent: 06 January 2011 12:49
To: [log in to unmask]
Subject: [data-protection] Parental access to student information
(again!)
Hi there,
We are an FE college dealing mostly with students of 16+ though there
are a number of 14-16 students sent here by schools.
There is a cunning plan to allow remote parental access to students'
academic records and there seems to be an assumption that we can do this
without any further consent from the students. I've disagreed and taken
the following stance:
"The data subject (the student) will be required to give consent before
a parent may access their records since there is no exclusion by which
we could disclose this data to a third party (the parent) without it.
This applies to any student over the age of 12 (the age by which the ICO
says a child becomes independent).
Note that in a school environment (only) the Education (Pupil
Information) (England) Regulations 2005 come into play which give a
parent the right of access whilst the child is in school.
If a student is sent to us from school then we will likely be in a
data-processor arrangement for the personal data (educational record)
held by the school. If a parent wants access to that data then it must
be made through the school and we must not disclose the data directly."
Can anyone please comment as to whether this position stands up to
scrutiny?
Best wishes,
Jon
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