I would add, in relation to the original question, that the proposed method of dealing with consent seems deficient. If we accept that consent needs to be freely given, informed and communicated and cannot be implied from inaction ( see ICO Guide to Data Protection at B9 Para 15) I do not think (at least on the info given) that the data controller can be confident it has the necessary consent here. Further the suggestion that they will only, in effect, accept a withdrawal of consent (assuming they have it) if the student discusses the matter with a particular person in a certain way looks a step too far.
We may regret the non-application of the regs in this situation, but as it stands the data controller should be open, transparent, explain their rights and give them a genuine free choice under the law.
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