Is there not a DDA issue here as well. If the student fails as a direct or
inderect consequence of the disclosed disability could the student then
argue that the college failed to meet DDA requirements, which it knew
about, and therefore disadvantaged the student.
--
Thank you and kind regards
Opinions are my own and do not necessarily reflect those of my employer
Rob Dawson
Institutional Compliance Officer
University College Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
Chichester House 002
Tel: 01244 392892
Fax: 01244 392821
http://www.chester.ac.uk/
Quoting Tim Trent <[log in to unmask]>:
> The simplest way to handle this is openness.
>
> The student has particular needs that can only be fulfilled by
> communicating
> with other people and I competent to understand and give or withhold
> permission for disclosure.
>
> "Fred, it is our normal practice to help people in your circumstances by
> discussing your needs with (list). Is this approach ok with you?" And
get
> Fred to sign the paper.
>
> That works well when the disability is passive. If it is that their
> disability is such that they attack people on a random basis and are an
> active danger to others, then a wholly different course of action is
> required. I am not sure that I can conceive of such a disability, though.
> Possibly the one coming closest would be heavy fitting in any form, but
> that
> is rarely a danger to others and is passive.
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville Place,
Bracknell,
> United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
>
>
>
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> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Clark
> Sent: 06 July 2005 10:20
> To: [log in to unmask]
> Subject: [data-protection] DPA and Confidentiality
>
> A bit of advice required. A data subject (student in this case) discloses
> information about a behavioural or physical disability to a member of
staff
> (e.g. a counsellor) and requests that this information be kept
> confidential.
> However the nature of this special need is such that action would need
to
> be
> taken to enable access for the individual or to protect others; how
should
> we handle this? Can it be disclosed or be required to be disclosed to
the
> H&S Officer or to others that might be vulnerable? We have a duty of
care
> here.
>
> We are trying to put together a policy for handling such cases, and
ideally
> everything would be open and cosy and the individual would give their
> consent for the information to be used appropriately, but in reality the
> individual might not give us the information if they knew it would be
used
> elsewhere.
>
> Thanks in advance for any advice.
>
> Nick
>
> Nick Clark
> Director of IT Services
> Tower Hamlets College
> +44(0)20 7536 5738
>
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