Surely it's a bit like Direct Marketing - you either opt-in or opt-out.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 18 May 2007 10:06
To: [log in to unmask]
Subject: Re: Third party access to school records
At what point does one lose the right not to be bothered by people who
are
organising school reunions?
My hope, at least, is that it is never. I agree with Paul Dodgson's view
that this is not the purpose for which the information was gathered.
Moreover, those who are interested in keeping in touch with old school
friends would either have done so, or use a particular website which I
understand has been designed entirely for this purpose.
Regards
Tim Turner
Data Protection / FOI officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: Fri 18 May 2007 09:58
To: [log in to unmask]
Subject: Re: [data-protection] Third party access to school records
RE: [data-protection] Third party access to school recordsI quote from
the
contribution of Susan Healy of the National Archives on 17.4.07 in
response
to the same or similar question from Leicester City Council (not
Leicestershire County Council) but from what we have been told is, in
fact,
the same request but passed on to a different organisation.
http://www.jiscmail.ac.uk:80/cgi-bin/webadmin?A2=ind0704&L=DATA-PROTECTI
ON&P
=R18662&I=-3&X=1696961A28A95BD34A&Y=N.Landau%40btopenworld.com
"A lot depends on what is in the records in question and what the
enquirer
actually wants. If all he wants is the names of his class, then is there
really a problem in providing a list given the age of the information?"
Nick Landau
Nick Landau's Profile on LinkedIn.com
http://www.linkedin.com/in/nicklandau1
The Numbers Game
www.thebestof.co.uk/barnet/33615/1/1/the_best_of.aspx
----- Original Message -----
From: Paul Dodgson
To: [log in to unmask]
Sent: Friday, May 18, 2007 9:50 AM
Subject: Re: [data-protection] Third party access to school records
Problem is that the information was collected for a specified and lawful
purpose. To provide the data to the requestor would be incompatible
with
the purpose for which the data was collected - Principle 2.
Paul Dodgson
Compliance and Records Manager
-----Original Message-----
From: Chell, Robert [mailto:[log in to unmask]]
Sent: 17 May 2007 15:19
To: Paul Dodgson
Cc: [log in to unmask]
Subject: RE: [data-protection] Third party access to school records
But when the records were deposited or transferred to the Record Office,
the
purpose changed (if we try the tortuous logic of applying current
legislation to past events).
Equally, it is likey that the admissions register (if it has survived),
is
an unstructured chronological register, that may enable individuals to
be
identified, but is not arranged in such a way as to be able to identify
those individuals in Durant terms.
The road you are heading down will argue that no-one should have access
to
registers of baptisms, as they contain sensitive personal information to
which s. 40 exemptions should be applied.
There is guidance on access to archives in the Code of Practice for
Archivists and Records Managers under Section 51 (4) of the DPA, issued
by
the Society of Archivists, and last updated in February this year. See
http://www.archives.org.uk.
Robert Chell
Records Manager Rheolwr Cofnodion
Clerk to the Council Clerc i'r Cyngor
Room 111, County Hall Ystafell 111, Neuadd Sir
CARDIFF CF10 4UW CAERDYDD CF10 4UW
* [log in to unmask]
* 02 920 873327
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Dodgson
Sent: 17 May 2007 13:41
To: [log in to unmask]
Subject: Re: [data-protection] Third party access to school records
Nick (et al)
Leaping to Iain's defence, the question was transferred to the County
Council as the archives are managed via county services.
As the County Council, we have assumed responsibility, accepting a
transfer.
In doing so we also accept our responsibilities under FOI and DPA - we
do not hold the data on behalf of the City Council. As a result we
intend to refuse under FOI S.40 etc.
My argument is supported by simple logic (I do like simple!). I did not
go to xx grammar as I told my life long friend. Instead, I went to y
secondary, life long friend thinks me a liar having seen an article in
the newspaper linking my rare name with y secondary. Irrespective of
the truth this causes me damage and distress, the data was collected for
educational purposes and was being held by the archives until it no
longer carried the value of personal data to the data subject (the data
subject needing to be deceased for this to apply). Thus, I believe this
release to be a breach of the second principle and will complain.
The question was asked again by my colleague because I was surprised
that this had not come up elsewhere and we have only just now received a
formal written request.
Now if anyone disagrees, please put me right!
Regards
Paul Dodgson (for Gill Wood and myself)
_______________________________________________________________________
Leicestershire County Council - rated a 'four-star' council by the
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