Hi,
You are right Jon, and I am exploring whether this falls under public authorities in the performance of our task (Further and Higher Education Act 1992).
I think my question would be as an education provider for under 18s are we genuinely not going to inform parents/guardians that a learner is not turning up to College (attendance)? Do we not have a responsibility to ensure that the learners whereabouts is known to their parents/guardians? The same goes for overall wellbeing (sent home ill / after an incident etc.).
There is a heavy emphasis in education of involvement of parents/guardians (most learners turn up to enrolment with parents in tow) and they come from a school environment of parent's evenings and regular parental contact - I doubt schools get consent from students to share with the parents.
Other Colleges - Is there a statutory instrument/legal basis I am missing?
Many Thanks
Jess
-----Original Message-----
From: Jon Baines [mailto:[log in to unmask]]
Sent: 07 March 2019 15:13
To: [log in to unmask]; JESSICA PEMBROKE <[log in to unmask]>
Subject: Re: Data sharing with parents
Surely you can only root your processing in legitimate interests where it doesn't consist of processing by you as a public authorities in the performance of your tasks?
My personal view is that parents have no right to this information unless it can be shown that the young person does not have the capacity to give Article 4(11) consent (qv Article 16 of the UN Convention on the Rights of the Child).
Jon Baines
Chair
NADPO
[http://marketing.scc.ac.uk/mailbanner.jpg]<http://www.ccsw.ac.uk/news/>
Confidentiality: This email and its contents and any attachments are intended only for the above named. As the email may contain confidential or legally privileged information, if you are not the above named person or responsible for delivery to the above named, or suspect that you are not an intended recipient please immediately delete or destroy the email including any attachments. Security and Viruses: You should carry out appropriate information security checks before opening any email or attachments. The College accepts no liability for loss or damage caused by software viruses. Monitoring: The College undertakes monitoring of both incoming and outgoing emails. You should therefore be aware that if you send an email to a person within the College it may be subject to any monitoring deemed necessary from time to time. The views of the author may not necessarily reflect those of the College.
Access as a public body: The College may be required to disclose this email (or any response to it) under the Freedom of Information Act, 2000, unless the information in it is covered by one of the exemptions in the Act.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|