From: "Tony Smith" <[log in to unmask]>
stated on Tuesday, October 30, 2001 8:28 AM :-
> 1. Sections 119 and 120 only cover 13-19 year olds and therefore do not
> cover the majority of university students.
If I recall correctly there is another section for other age groups.
> 2. The disclosure has to be for the purposes of s114(1) which are
> educational.
I quite agree, but as originally mentioned the disclosures appear to be one
way - into the educational organisations and not out of them. i.e. These
sections do not appear to give the ability to disclose to organisations who
work in another sector, which is how it had been explained to me.
I found the issue of it being OK to misinterpret the act, provided you could
claim a misunderstanding, in an act which allows such misunderstanding,
difficult to comprehend; But then many similar data protection issues seem
to be fudged in a not dissimilar way.
Would such a misunderstanding under another act be caught by section 61 of
the Data Protection Act 1998, because a breach of purpose in the use of data
would have occurred?
Ian W.
----- Original Message -----
From: "Tony Smith" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, October 30, 2001 8:28 AM
Subject: Re: Learning and Skills Act 2000
> Two points to note
>
> 1. Sections 119 and 120 only cover 13-19 year olds and therefore do not
> cover the majority of university students.
>
> 2. The disclosure has to be for the purposes of s114(1) which are
> educational.
>
> Tony Smith
>
> -----Original Message-----
> From: Ian Welton [mailto:[log in to unmask]]
> Sent: Monday, October 29, 2001 10:18 PM
> To: [log in to unmask]
> Subject: Learning and Skills Act 2000
>
>
> I came across an interesting peice of legislation the other week,
>
> http://www.legislation.hmso.gov.uk/acts/acts2000/20000021.htm
> <http://www.legislation.hmso.gov.uk/acts/acts2000/20000021.htm>
>
> which is a real trap for data protection practitioners if care is not
taken
> in the reading of it.
>
> Sections 114 - 120 cover data disclosures. If the motivations of persons
> reading section 120 are not towards protecting the data within the
education
> sector it can be very easily misread. Beware of section 120 being quoted
as
> enabling disclosure outside of the education sphere, it does not to my
> reading.
>
> Most interestingly section 119 section 5 provides for a defence to
unlawful
> disclosure, for reasonably believing the disclosure was lawful. That
seems
> an open door to many mis-interpretations of the disclosure provisions
within
> that act.
>
> The data protection act will support non disclosures for other than
> education purposes, but surely that should not be required with a new
peice
> of legislation which has been HRA compliance checked.
>
> That said it has a wonderful part covering fair obtaining and use though.
>
> Ian W.
>
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