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On the other (Devil's Advocate) hand, the college would not want to be
in the position of some harm actually coming to the student, and the
college principal standing in front of the microphones explaining why
staff couldn't circulate details of the perpetrator because of Data
Protection.
 
Brenda's absolutely right that you need to be certain that the risk of
harm to the student is real and credible, and that the person concerned
does not have a right to come into the college. I don't think the police
automatically have to be involved. If a person is going to cause
harassment or distress to a student, the college is entitled to prevent
them from entering private property, and is also entitled to use a
photograph so staff know what they look like. If the decision is made to
prevent them from coming in (which is a safety question and not a data
protection one), I think recording the photo on the system should only
be done if it solves the problem. If you think that your staff need to
be able to identify this person because you believe they pose a risk, I
would say making the image available to facilities and other staff is
reasonable. Whether putting it on the computer system achieves anything
is a separate question.
 
What staff are actually told is another thing entirely, and there are
risks in passing on an unfounded allegation. But if a decision is made
that the risk of harm is genuine, finding some appropriate form of words
would surely not be impossible.
 
Tim Turner
Wigan Council

________________________________

From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
Sent: Tue 20 January 2009 11:17
To: [log in to unmask]
Subject: Re: [data-protection] Use of photos



How can you just take the word of the student that this person poses a
threat to him/her ? I would have thought that there should be some
instruction from the police following an upheld complaint by the
student.

 

Brenda Scourfield

Team Leader,

I.T.

Pembrokeshire County Council,

County Hall,

Haverfordwest.

SA61 1TP

 

01437 775380

 

 

 

 

________________________________

From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of SHAMBROOK P
Sent: 20 January 2009 11:04
To: [log in to unmask]
Subject: [data-protection] Use of photos

 

I have a scenario at our college:

 

A student is concerned a member of public may harm them and may come on
site. They have given a member of staff a photo of this person who is
not a student at the college. That member of staff would like to record
this photo against the student's electronic record so relevant staff,
such as facilities staff, can identify this person if they were to come
on site.

 

I'm concerned about recording this photo on our systems as we have not
asked permission to do so, but I do want to ensure the relevant staff
have the knowledge they need. I'm favouring just keeping the photo with
that member of staff and recording a summary on the student's electronic
record with a reference to the staff member for further details.

 

I'm interested in your thoughts on this.

 

Thanks,

Phil Shambrook

Information Services Manager

North Devon College

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