Hi Jess
Thanks very much for the update
This is very interesting from ICO but as we are a public authority I would be unwilling to use legitimate interests as attendance seems too close to our core public function.
Perhaps we are too considerate of the student's autonomy but I still find stating public task harsh, especially given the scenario mentioned by several contributors where the parent was estranged and the student had expressed a wish not to have the contact.
It's nice to know the ICO would support us all if we exercised any of these 3 options though.
Kind regards
Suzy
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of JESSICA PEMBROKE
Sent: 21 March 2019 14:48
To: [log in to unmask]
Subject: Re: [data-protection] Data sharing with parents
Hi All,
Thank you to all of those who participated in this topic. Having also spoken to the ICO helpline they agreed consent wasn’t the only option and could see the case for both public task and legitimate interests. I think we may document public task from various statutory obligations including:
Education and Skills Act 2008
Duty to promote good attendance
11 Educational institutions: promotion of good attendance
(1) The governing body of an institution in England to which this section applies must exercise its functions (so far as they are capable of being so exercised) so as to promote the participation, through regular attendance, of persons to whom this Part applies and for whom the institution provides education or training in that education or training.
(2) This section applies to—
(a) a community, foundation or voluntary school;
(b) a community or foundation special school;
(c) a pupil referral unit;
(d) an institution within the further education sector.
Kind Regards
Jess
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Steve Forecast
Sent: 08 March 2019 09:26
To: [log in to unmask]
Subject: Re: [data-protection] Data sharing with parents
We take the view that parents and carers play a vital role in us delivering our core purpose to students, that is, the learning of the student is a joint effort between the College and parents. To enable that we share key data with the parents as we let students know that we do this.
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Alice Wilson
Sent: 08 March 2019 09:19
To: [log in to unmask]
Subject: Re: [data-protection] Data sharing with parents
I agree with Mr Baines on this one. Especially if student is over age of 16. It should be consent, and not automatically disclose information to parents. In the colleges I deal with the majority of them use '3rd party mandate' form and if student has signed one stating happy for college to communicate with parent then fine, if not then information shouldn't be disclosed. There's also aspect of children's consent under S208 in DPA where it's considered in Scotland that children from 12 years old have the capacity to consent (unless it is clear they don't have that level of understanding/capacity). Also I think once someone is in FE/HE parental input should not be necessary (unlike in schools) so unless the student wants information disclosed to parent(s) then it shouldn't be disclosed.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
****************************** EXTERNAL EMAIL ******************************
Do not click any links or open any attachments unless you trust the sender and know the content is safe. If in any doubt please contact IT Services who will be more than happy to help check the legitimacy of the message. Email [log in to unmask] or telephone extension 242.
********************************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
[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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________
"Please remember to switch off all lights, computers, monitors, printers and other non-essential electrical equipment"
[https://ict.newdur.ac.uk/Marketing_Images/mainimage.jpg]<http://www.newcollegedurham.ac.uk/news-events/college-events/support-services-open-day/>
[https://ict.newdur.ac.uk/Marketing_Images/facebook_logo_black.jpg]<https://www.facebook.com/NewCollegeDurham> [https://ict.newdur.ac.uk/Marketing_Images/LinkedIn_black.jpg] <http://www.linkedin.com/company/new-college-durham> [https://ict.newdur.ac.uk/Marketing_Images/flickr.jpg] <http://www.flickr.com/photos/97010507@N02/sets> [https://ict.newdur.ac.uk/Marketing_Images/twitter_logo_black.jpg] <https://twitter.com/ncdofficial>
New College Durham, Framwellgate Moor Campus, Durham DH1 5ES
________________________________
This message is sent in confidence to the addressee only. It may contain confidential or sensitive information. The contents are not to be disclosed to anyone other than the addressee. Unauthorised recipients are requested to preserve this confidentiality and to advise us of any errors in transmission.
________________________________
"PLEASE DO NOT PRINT THIS EMAIL UNLESS STRICTLY NECESSARY"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
