Ian,
The student was on a work placement through the school and the teacher was responsible for the work placement. I only had half a story yesterday.
The teacher has not discussed anything outside the arrangement and has not breached any of the confidences as the work placement was a major contributory cause of the tardiness.
If I gave the impression that the teacher knew this casually, my apologies. I was trying to examine ways, beyond processing of records, how a teacher would know the work situation of a student.
Best
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer
Room 4/10
Durham County Council
DH1 5UF
0191-372-8371
----- Original Message -----
From: Griffiths, Ian <[log in to unmask]>
To: Lawrence Serewicz; [log in to unmask] <[log in to unmask]>
Sent: Wed Jul 21 20:55:20 2010
Subject: RE: [data-protection] Data protection breach or just a concerned teacher acting above and beyond the call of duty?
The teacher is discussing an educational record with a third party. That's certainly a problem, although you may find that the the institution has some agreement in place which tells the student that they're going to do this. We have some small-print on the enrolment forms that says we're going to share data with people like the funding agencies and employers if they're paying as they then have a right to know. But we wouldn't casually strike up a conversation with one if they've no other relationship but we want to convince them to not keep the students up so late!
I'm not well up on the specifics but for me it's a fairly serious disclosure although not strictly DP, I would imagine there are some acts relating to education which cover it. I think. Never really been an issue for me as I don't go there!
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues on behalf of Lawrence Serewicz
Sent: Wed 21/07/2010 19:31
To: [log in to unmask]
Subject: Re: [data-protection] Data protection breach or just a concerned teacher acting above and beyond the call of duty?
Dear all,
Thanks for your help on this one. I just needed a second set of eyes on it. Your responses on and off the list have been a great help. I think that when parents are upset about something they will reach for the nearest piece of legislation (myself included :)) to make a point or to make their argument stronger.
Thanks again.
Best
Lawrence
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ward, Ciaran
Sent: 21 July 2010 09:32
To: [log in to unmask]
Subject: Re: [data-protection] Data protection breach or just a concerned teacher acting above and beyond the call of duty?
I would tend to agree that no breach has occurred. The only personal data involved here is the fact that the pupil has a weekend job with the company, which the teacher is aware of anyway. The teacher hasn't in any sense processed any of the pupil's personal data, nor obtained any data by unlawful means.
Ciaran Ward - Information Officer
Direct: 01992 709819
Lee Valley Regional Park Authority
Myddelton House, Bulls Cross, Enfield, Middlesex, EN2 9HG
Tel: 01992 717711 Fax: 01992 709922
www.leevalleypark.org.uk<http://www.leevalleypark.org.uk/>
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________________________________
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 20 July 2010 21:01
To: [log in to unmask]
Subject: Re: [data-protection] Data protection breach or just a concerned teacher acting above and beyond the call of duty?
On the facts as stated it seems DPA cannot be engaged. There is no 'data' (which needs to be recorded in some shape or form) only knowledge.
Article 8 may be engaged in theory but I struggle to see any infringement which could not in some way be justified
-----Original Message-----
From: This list is for those interested in Data Protection issues on behalf of Lawrence Serewicz
Sent: Tue 20/07/2010 18:42
To: [log in to unmask]
Subject: [data-protection] Data protection breach or just a concerned teacher acting above and beyond the call of duty?
Dear All,
The following situation has emerged and I am trying to see if the DPA has been breached. Student X is habitually late to school (student X is old enough to work (say over 14)) and has a weekend job. Teacher Polkadot calls the Weekend Company to discuss Student X's tardiness and their workload i.e. they are late every Monday and it is affecting their schooling. Does the student have to work late on Sunday.
Has the teacher breached the DPA? From what I understand the teacher may have heard Student X discuss their weekend work. They may also have seen Student X at the Weekend Company. I cannot determine that Teacher Polkadot has obtained or access any records that would give the contact details that Student X worked at Weekend Company.
I cannot find anything in the DPA that would say that Teacher Polkadot has breached the Act, but I just wanted to see how others would approach this.
Any help or advice on this would be appreciated.
Thanks
Lawrence
Principal Information Management Officer
Durham County Council
Room 4/140
County Hall
County Durham
DH1 5UF
0191-372-8371
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