The tutor is acting as a "data processor or other person authorised to
process data for the data controller", and is therefore not a third party,
as defined in Section 70(1) of the DPA. Therefore, no duty of
confidentiality is owed.
Stuart Lynch
Stuart Lynch Consulting
Training/Consultancy in
Privacy/Information Protection
Tel 01704 870365
Mob 07951 209419
mailto:[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Duncan Smith
Sent: 21 October 2002 14:24
To: [log in to unmask]
Subject: Consent to release tutors comment
Quick one (hopefully) for Monday.
College sub-contracts tutorial/advisory work to third parties who then
mark student assignments and make written comment on performance.
Result returned to colleges with usual mark sheets etc.
Student asks for access to comment on assignment made by a tutor.
Does College have to have the tutor's consent (breach of confidentiality
etc.) to release these comments? JISC CoP v2 seems to suggest not.
Thanks
Duncan S Smith
Principal Consultant
Mailto:[log in to unmask]
M: +44 (0)777 556 8180
T: +44 (0)1480 461 671
CoProfiles
"The Process of Improvement"
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