Hi All A pupil has left school - ASBO unit want to raise an ASBO in Sheriff Court due to him having parties. ASBO Unit have rang his ex-school requesting copies of his education records which includes reasons why he was excluded at one point in time. ASBO unit are citing parts of the ASBO legislation that a public authority has to comply with that piece of legislation and that ASBO legislation came in after DPA 98 and is basically saying it supercedes DPA. I am of the firm belief that they have no entitlement to that information under DPA as it would breach several of the DP principles. Education collected information for education purposes and not for assisting with an ASBO (fishing expedition comes to mind). Apart from anything the boy is now 16/17 and has left school so consent would be needed and I doubt if he would. Any views would be greatly appreciated. Thanks, Doreen Doreen Broom Access to Information Officer Scottish Borders Council Corporate Resources - Corporate Administration Tel: 01835 826516 e-mail: [log in to unmask] ******************************************************************** * This email is privileged, confidential and subject to copyright. * * Any unauthorised use or disclosure of its content is prohibited. * * The views expressed in this communication may not necessarily * * be the views held by Scottish Borders Council. * * Please be aware that any email sent or received by the Council * * may require to be disclosed by the Council under the provisions * * of the Freedom of Information (Scotland) Act 2002. * ******************************************************************** ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 messages please send to the list owner [log in to unmask] Full help Desk - please email [log in to unmask] describing your needs To receive these emails in HTML format send the command: SET data-protection HTML to [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^