Whilst I have not yet been asked this question, I would be inclined to go with the advice on
the Uni of Lancashire Data Protection project web pages that states that a student is likely
to fall under th University's notification. See (if you haven't already)
www.dpa.lancs.ac.uk/approved/Responsibilities_of_heis_as_data_controllers.htm for
further details and discussion.
Samantha
On 2 Jun 2005 at 11:28, Hitches, John F wrote:
I would appreciate indications of how other educational establishments
regard the use of personal data collected by students as part of
course projects etc..
Scenario: A student undertaking a particular assignment decides to
collect personal data related to his study topic. Is that student the
data controller or is the University? We take the view that
intellectual property rights in student work rest with the student and
therefore our instinct is that the personal data is in the control of
the student and the student is therefore the data controller.
If that is the case then should the student be notifying under the Act
(and is the OIC ready to receive notifications from thousands of
students)?
On what basis, if any, could the university be regarded as the data
controller? Perhaps if they are telling the student what data to
collect and what to do with it but it is less clear if the student is
determining the processing of the data.
Or do other institutions regard themselves as owning such personal
data and therefore put themselves in the position of data controller -
I suppose then the question arises as to whether the student is a data
processor and there should be a written contract in place!
The situation may usually be clearer for post-graduate students and
especially if they are involved in research which is either sponsored
by a third party or led by the University.
We have discounted a section 36 exemption as not being appropriate in
this case.
Any thoughts much appreciated.
John Hitches
Kingston University
This email has been scanned for all viruses by the MessageLabs Email
Security System.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list
owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Samantha Hill
Complaints Officer
University of Portsmouth
Portsmouth PO1 2UP
Tel: 023 9284 3642
E-mail: [log in to unmask]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
