Paul,
I can see the sense of your point 2 in relation to the example being
discussed, but I'm not sure about it as a general point. It would
imply that if you ask for consent, you give the individual an
_absolute_ veto over disclosure, in all circumstances, even if
disclosure is in fact 'necessary' for one of the other schedule 2
purposes (and even in other respects the fairness requirement has
been met).
The implication of point 2 would be that, if you think disclosure may
be 'necessary', you should actively _avoid_ seeking consent. Is
there IC guidance on this?
To take an extreme, but plausible example, this would would mean
that if a psychiatrist asks a psychiatrically ill and potentially
dangerous patient for consent to pass information about his
condition to the GP and the patient refuses, the psychiatrist is
prohibited from passing the information on - even if this endangers
other people.
In that case the information would be sensitive data, requiring a
schedule 3 condition, one of which expressly permits disclosure
after a refusal of consent [para 3(b) of Schedule 3] suggesting that
a refusal is not intended to exclude disclosure where is it necessary
on other grounds.
A similar conclusion could be drawn from s 7(4), which envisages that
information about a third party who has not consented to disclosure
(and perhaps even refused it), may be revealed in a subject access
request if it is still "reasonable in all the circumstances".
Maurice Frankel
Campaign for Freedom of Information
At 12:53 pm +0100 4/7/01, Paul Ticher wrote:
>Irene,
>
>There are several issues here:
>
>1) In order for processing to be fair the data subject should know what
>is going on. So you (almost) ALWAYS have to make sure that they are aware
>that a particular type of use or disclosure might take place.
>
>2) In addition you have to meet the Schedule 2 Conditions. Consent is
>one of these, but if you meet one of the others you don't need consent.
>What I think you mustn't do is ask for consent, have it withheld, and then
>say 'Well, we meet one of the other conditions, so we didn't need consent
>anyway' because that would almost certainly be 'unfair'.
>
>3) You then have to ensure that all your processing is 'compatible' with
>the purpose(s) you originally obtained the data for. In a way this goes
>back to what you told people when you obtained it.
>
>So, consent for the kind of things you mention: probably not needed,
>provided the Data Subject knows what's going on and what you're doing is
>compatible with your purpose(s).
>
>Anyone like to have a go at defining 'compatible' here?
>
>Paul Ticher
>Information Management
>0116 273 8191
>22 Stoughton Drive North, Leicester LE5 5UB
>
>----- Original Message -----
>From: Irene Bruce <[log in to unmask]>
>To: <[log in to unmask]>
>Sent: 03 July 2001 17:05
>Subject: Passing info on - without consent?
>
>
> > Hi
> >
> > Can anyone offer some advice on the following queries:
> >
> > Is it necessary to seek an individuals permission, before circulating any
>> personal information about them to other people? (academic staff to
>> management back to academic staff regarding a student)
>>
>> If a member of staff circulates personal information about a student to
>> other members of staff within the institution without that students
>consent,
>> does this constitute a breach of the data protection act?
>>
>> I thought it would depend on what type of information and if it was
>relevant
>> to the student and their course work then permission would not be
>required.
>> When would the institution require to obtain consent from student to pass
>> information on. Surely if they sign a DP declaration form when
>matriculating
>> then they are in effect signing themselves up for the "rules" of the
>> institution. This query keeps coming up. Would the guidance be different
>> if it was relating to either grievance, discipline or harassment
>> complaints??????????????????
>>
>> Any advice??
> >
>> Irene
>>
>> IRENE BRUCE
>> Assistant Company Secretary
>> Glasgow School of Art
>> 167 Renfrew Street
>> Glasgow
>> G3 6RQ
>>
>> Tel: 0141 353 4518
>> Fax: 0141 353 4540
>> e.mail:[log in to unmask]
>>
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