Tim
Any SAR by any data subject should only disclose the data. Source of the
data where another individual is protected via Section 7(4) in this
circumstance. Therefore the identity of the teacher originating the
'opinion' is protected.
It is clear such opinions can be extremely damaging and can give rise to
libel or slander against those first recording and communicating to others,
so it is prudent to ensure all processes from identifying, recording, and
communicating incidents to others are well designed. The incident recording
should be minimalist. As you point out the observer is a teacher and her
expertise is not as a psychologist or other medical professional. The data
content to be recorded in such circumstances should be determined in prior
consultations between the schools and social services and all teachers
trained on the processes.
There are multiple ways such an incident could be recorded e.g.
a) The child has a physical or mental health issue (Personal data about the
child)
b) There is suspicion of an offence by an adult on the child (Personal data
about the potential offender and child)
From the context it appears b) is the concept in mind here.
The task of investigation presumably falls to the social services given no
real evidence of any offence yets exists other than the experienced eye of
the teacher and she could be wrong in her assumptions. Such incorrect
assumptions are amongst the most damaging for individuals privacy. I am not
conversant with the legal obligations of the headmaster or the social
services so cannot assess any statutory data flows arguable.
Regarding the 'lack of action' comment I would have thought if the
headmaster fails to act but has a statutory obligation to do so to protect
the welfare of children at the school he/she presumably has a liability.
Does a head teacher have any such statutory duty on siuations beyond the
boundaries of the school environment?, others on this list are probably more
qualified to comment?
I believe any individual who suspects a criminal offence can choose to
notify relevant authorities directly and may also be protected under
legislation such as malpractice reporting assuming someone else is failing
in any statutory obligations to make such reports.
Similar reporting issues occur in managing insurance claims data or indeed
any area where tip offs or notification of potential criminal incidents
occur. In such situations you always have at least two data subjects to
consider.
Rights of access are there to assist adat subjects given such opinions can
be false or malicious and DPA in the main allows individuals a right of
discovery as a balance.
Hope this assists
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Trent,Tim
> Sent: 04 November 2001 17:29
> To: [log in to unmask]
> Subject: Risks to teachers etc
>
>
> A friend works in a primary school. She is often asked by the
> headmaster to
> produce reports about children. In addition she sees children
> with unusual
> behaviours in the class. She and her colleague class teacher are
> concerned
> about one child in particular. We'll call him "Fred", though that is not
> his name.
>
> The history IS relevant, so please bear with me.
>
> Fred is five years old, and exhibits an unusual reticence with
> adults. This
> is not "natural shyness", but is unusual behaviour for his age group, and
> indeed for a younger age group, even for a complete infant. Fred
> also "has
> nightmares when daddy comes to stay" (the family is separated,
> and daddy is
> many miles distant). Fred is not s stupid child. His intelligence is
> "average", but his ability to work, to recall facts, even facts given
> carefully, one on one, a moment ago is minimal. In short his behaviour is
> as though he is shutting out the world.
>
> One might suggest that such behaviour may be caused by something deeply
> "wrong" in the home environment. This could be anything on a
> scale starting
> at "Simply no time for Fred at all" through physical abuse to
> sexual abuse.
> Naturally my friend is not competent to discover this, nor is the class
> teacher, nor is it their role to do anything other than report their
> thoughts to the headmaster.
>
> It is the headmaster's job to notify the social services of any
> considerations which may be important for them to know about
> Fred. Rightly
> this is not delegated to individual teachers. It is a "top level in the
> school decision". However, teachers have often expressed frustration that
> either the headmaster does not act, or does not appear to act in the great
> majority of such cases (there is an alarming incidence of
> "unusual" children
> at this school).
>
> My friend has suggested that she ought to notify the headmaster in writing
> in all cases including Fred's case. And this is where the concern for her
> personal safety starts.
>
> Given that such information is sensitive information under the
> DPA 1998, and
> given that as soon as she commits it to writing and passes the memo to the
> headmaster, the memo becomes subject to the act (she will not retain it in
> any filing scheme of her own), she is concerned that an SAR
> requesting data
> held on Fred and/or on Fred's parents would reveal her own role
> in reporting
> suspicions.
>
> While her address wil be kept private by the school, it is not beyond the
> wit of some simple research (http://www.192.com springs to mind)
> to find out
> the address and for an upset parent to arrive to harass or harm her in our
> home. Most parents do not take kindly to social services investigations!
>
> In my own employed role this is not a challenge I face. My
> questions to the
> group include:
>
> Have you had to face this?
> How is the teacher's identity protected while complying with the act?
>
> In addition you may find other aspects for mutual help here.
> _____________________________________________________________
> Tim Trent
> Chief Privacy Officer EMEA
> > Gartner
> EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
> TW20 9AW
> Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335,
> Mobile +44
> (0)7710 126 618
> Visit our home on the web: http://www.gartner.com
>
> The opinions expressed in this message are my own, and may or may not
> reflect those of my employer. They are expressed as a part of the
> discussion on the JISCMail mailing list on data protection and
> for no other
> purpose. They have no legal standing and are offered as part of informed
> and informal discussion. They may NOT be attributed to Gartner
> in any way.
>
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