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Paul, We get learners at first contact to sign a form saying, essentially, that they are content for us to pass any information they divulge to any staff member we consider to be appropriate in terms to potentially meeting their needs (essentially any institutional staff member). I'm yet to meet a learner who has been uncomfortable with that once explained in terms of SENDAct. There is no "document trail", just an initial consent to divulge. If anyone would like a copy of the form we use let me know. Best, Joel ________________________________ From: Discussion list for disabled students and their support staff. on behalf of Paul Hubert Sent: Thu 24/02/2005 18:00 To: [log in to unmask] Subject: Re: Students with mental health difficulties A data controller must be a "person" i.e. a legal person. This term comprises not only individuals but also organisations such as companies and other corporate and unincorporated bodies of persons. ICO Guidance p16. Tony, does that help? Otherwise I think we might get into something impenetrable here. Suffice it to say that if every individual were separately accountable for data protection (and required to notify), the Data Protection Act would be an unworkable nightmare. Suppose, for example, that every individual worker in a Disability Support Unit or a Citizens Advice Bureau had to have a client's consent before anyone else could see information about them - how would we manage the document trail?! (Especially bearing in mind that a case record could be personal data about the worker as well as the client.) The person who works on the next desk to you or another building on the same campus may be 'a third party' outside of work but fortunately the DPA doesn't erect unreasonable hurdles to working together. Perhaps if you're not convinced we should do this off-list (unless there's a hue and cry!) Paul ----- Original Message ----- From: "Smith, Tony" <[log in to unmask]> To: <[log in to unmask]> Sent: Thursday, February 24, 2005 5:14 PM Subject: Re: Students with mental health difficulties If passing information given by one person to another person is not "disclosure to a third party" I would love to know what is. Tony