Depends on the analysis - we monitor drop-out rates across ethnic groups
and postcodes so while you technically could remove your link between
that data and a living individual, you still wouldn't be adhering to his
wish of having any reference to him removed. It could be argued that
you have done, but of course he won't see it like that.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 14 March 2008 18:15
To: [log in to unmask]
Subject: Re: [data-protection] Section 10 Notice
If one ignores suspicion and uses pragmatism, one may anonymise his
record and use it for statistical purposes.
The question arises "For what purpose would you keep the data" if you
retain it, followed by "Does that purpose have informed consent"
I'm not saying "delete", nor "keep". I am just pointing the options out
Matt Cooper wrote:
Hello all,
I would be grateful for advice in relation to the following scenario:
An individual applied to do a PGCE course with us and stated that he had
criminal convictions on his application form. As standard, the course he
applied for requires a CRB check. When the individual was notified that
this check was to take place (he would have already been informed that
this was necessary) he responded by writing a letter asking us to
withdraw
his application and remove any reference to him from our records.
Im taking his letter as a Section 10 notice. We have already returned
his
application form but we still hold his details and the course he applied
for on our system. From Section 10 it appears that the data subject must
demonstrate that he is, or is likely to, suffer substantial damage or
distress from the processing and that this distress is unwarranted.
Whilst
I believe it would be relatively easy to remove all traces of this
individual from our system are we compelled to do so if the individual
has
not explained what this distress is likely to be? We may need the
details
for reporting drop out rates, withdrawn applications etc (still checking
this). I assume that as consent has been withdrawn we would have to find
another Sch 2 reason to keep the details?
Would be grateful to hear from anyone else who has had a similar
experience? I have to say I'm more than a little suspicious which may
well
be clouding my judgement!
Happy friday!
best regards
Matt Cooper
Records and Information Manager
University of Wales, Newport
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