Two paras
1. The Data Protection Directive in Article 8(2)(a) specifically allows
Member States to enact legislation to protect the Data Subject in this
situation by overriding Data Subject's consent. So even if the Data Subject
consents to the processing, the processing can be determined as being
unlawful.
In the UK Act, this prospect could find expression by an Order made under
paragraph 10 of Schedule 3 (or para 6 of Schedule 2).
2. Also, why are Universities processing criminal records data of students
who are seconded to Health or Social Work Departments as part of their
course? Surely any checking of criminal records is the responsibility of the
NHS Trust or Local Authority prior to the student's placement.? Have I
missed something?
Chris
Data Protection News, Cap Gemini UK plc,
95 Wandsworth Road, London SW8 2HG
Tel: +44 (0) 171-917 4362/4704
Fax: +44 (0) 171-917-4666
E-mail: <[log in to unmask]>
or <[log in to unmask]>
> ----------
> From: cpresco[SMTP:[log in to unmask]]
> Sent: 21 May 1999 23:57
> To: [log in to unmask]
> Subject: Re: Police check forms
>
> [log in to unmask] wrote:
> >
> > We run a number of Health/Hospital/Nursing courses and each student is
> > required to complete Police Check form.
> >
> > The problem as I see it, is the Police check form contains no Data
> > Protection statement. All it says
> > 'I understand that I am subject to a police record check etc...'
> >
> > My administrators have been told they are not allowed to alter the form
> in
> > any way at all, only scan it in and print it off. Does any else agree
> > that it should be quite clear what will happen to this information after
> > the check is done etc.? Are police checks taken as read? These forms
> > are sent to us by each NHS Trust who do not wish to discuss further?
> >
> > Any advice gratefulyl received, or if anyone if a member of the Police
> or
> > an NHS trust on this list perhaps they woudl like to contact me directly
> >
> > Thanks
> > Sally
> >
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> ~~~~~
> > Sally Justice PHONE : 0171
> 815 6509
> > Data Protection Officer FAX : 0171
> 815 6599
> > South Bank University URL |
> http://www.sbu.ac.uk
> > Computer Services Department Email |
> [log in to unmask]
> > Borough Road London SE1 0AA Enquiries to |
> [log in to unmask]
> >
> > http://www.sbu.ac.uk/cop/dpa/dpa.shtml
> > http://www.sbu.ac.uk/dpforum/
> > http://www.open.gov.uk/dpr/dprhome.htm
> >
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> ~~~~~
> I would love to know the answer to this. I was told that your new
> statute makes it illegal to require someone to waive their rights to the
> confidentiality of these records. In short, are you breaking the law and
> exposing your institution to liability by demanding a waiver of
> rights?Anyone have a view?
> --
> Charles A. Prescott
> Vice President, International Business Development
> and Government Affairs
> Direct Marketing Association
> 1120 Avenue of the Americas
> New York, NY 10036
> U.S.A.
>
> Tel. (1) 212-790-1552
> Fax. (1) 212-790-1499
> e-mail: [log in to unmask]
> website: www.the-dma.org
>
>
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