I wouldn't assume that this is the case. A lot of the publicity about FOI
from government implies that information about school and health
performance, even down to individuals, is fair game. There's just been some
fuss about individual doctors' performance, and though I acknowledge that
performance and complaints aren't the same, I don't think the issue is
simple. There are people who would argue very strongly that there are public
interest arguments in favour of disclosure, particularly if the complaints
are about the teacher's conduct in the classroom (i.e. complaints about
conduct which might have an effect on kids).
To be honest, I don't know what I would do if someone asked for this from a
school up here - but I think it's debatable whether it's personal data
(probably is), but it's also debatable whether, even if it is personal data,
it should still be disclosed because S40 of the FOI doesn't rule out
disclosures of personal data, just puts some rules around them.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: Rosemary McLure[SMTP:[log in to unmask]]
> Reply To: Rosemary McLure
> Sent: 06 January 2005 15:37
> To: [log in to unmask]
> Subject: [data-protection] DPA/FOI query - schools information
>
> I suspect this is something which may have been discussed before so
> apologies if I am going over old ground!
>
> If an individual requests information under FOI about a teacher's
> performance, e.g. the number of (if any) complaints made against them - am
> I right in thinking that this info would not be disclosed since its
> personal data protected by DPA?
>
> Thanks for your help,
>
> Rosie McLure
>
> Information Co-ordinator
> Fife Council
>
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