** Reply to note from Rebecca Hughes <[log in to unmask]> Thu, 4 Oct 2001 16:29:37 +0100
> A student is enrolled at a University because they lied about their
> academic background, institutions attended, qualifications obtained. The
> University subsequently discovers this and obtains documents about that
> student from the various institutions that the student did and did not
> attend, wants to show that information to the student and have them thrown
> out, but has concerns about the data protection implications.
Howdy,
Not sure of what your concerns are (for you or the other institutions). I
don't see you having broken DP law unless said student argues that you did
not obtain your evidence (data) lawfully (principle whatever number it is).
If you asked another institution (FE College, HEI, School etc) if said
student has obtained whatever qualifications/grades, the reply would be:
a. verification of qualifications;
b. denying existence of said student (no imaginable DP problem here);
c. amending the qualifications to be correct ;-)
I don't see how or why you could be breaking the law as the only option is
obtaining data in an unlawfull manner. You don't aske them to tell
you what they have, you ask them to verify what you got. Perhaps one could
argue the other institution(s) is/are at fault for disclosing the information
to you (not your problem but I would not take that view anyway).
My feeling is it is more of a proceedural issue for having rules/regulations
in place for expeling a student than DP. I can think of reasons/excusses why
you could be taken to court (inluding the other institutions) but being naive
I would not like to think that a judge would rule in favour of a fraudster.
I shall leave this side to the legal razor-blade minds on the list.
.. Once the arguments about what may have been against the law are said and
done ... what if the student was a medical student? All of a sudden it is
not as easy not to automatically do the checks.
Just a thought.
Regards
Charles
==============================================
Charles Christacopoulos, Secretary's Office, University of Dundee,
Dundee DD1 4HN, Scotland, United Kingdom.
Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
http://www.somis.dundee.ac.uk/
Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
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