It is likely that the PRU is undertaking duties that the LEA is required to
discharge. As such, it probably means the LEA's notification covers you,
providing the purposes, classes of data, recipients, etc are included.
If that is the case, and I suspect it is, then the FOI requirements are also
the responsibility of the LEA/Council.
Connexions are entitled to receive the name and address of any pupil in any
case - and further information, provided the parents or children have not
objected ( a sort of opt out). If, however, it was found the data subjects (or
parents) had never been given the opportunity to opt out, this is likely to be
seen as unfair processing.
Some authorities have failed to point this out to schools and their education
departments and currently some are taking a risk by providing whatever
Connexions ask for on the basis that no-one has objected, even though they don't
know about the disclosure.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
----------
In a message dated 15/11/04 12:53:30 GMT Standard Time,
[log in to unmask] writes:
> After an audit was carried out at a Pupil Referral unit the question of
> notification and publication scheme was raised.
>
> We are trying to decide if the PRU falls under our LEA and therefore covered
> by our notification entry or whether it needs a separate entry. The same
> also applies for a Freedom of Information publication scheme.
>
> I would be grateful to know if your PRU's fall under your LEA or are
> separate or any views you may have on this. I have looked on the
> Information Commissioners register for PRU's, there are a few but im
> guessing there are more around the country.
>
> The question of information provided to Connexions was also raised, at
> present they provide the names and address of pupils but connexions are
> asking for more information. Is there any guidance on the amount of
> information PRU's can provide?
>
-------
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