I sent this message to the list yesterday but it does not seem to have
appeared. Apologies if it now comes out twice
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
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