That's part of the problem - the student is not legally an adult, she is 17.
Under the Data Protection Act she is covered - but under the Education
Regulations 2000
her parents are able to see her education record
because she is under 18 and receives a state education (funded by the LSC)
Emma
-----Original Message-----
From: Margarita Rainford [mailto:[log in to unmask]]
Sent: 27 November 2003 14:39
To: Emma Ritson
Cc: [log in to unmask]
Subject: Re: Requests for information from divorced pare nts
................and we know that the voice on the end of the phone is
actually the father and telling the absolute truth?
No information should be released to him, not even confirmation that the
student is registered for the reasons already given.
If he keeps on pressing with his enquiry it would not be unreasonable for
the university staff to contact the student. The student may then give
permission for the information to be released, but isn't it as sad
indictment of the state of the relationship that exists between father and
daughter and that he feels that he cannot trust her and has to check on her
without her knowledge......and we are talking about an adult here with whom
the university is in a contractual relationship.
For arguments sake I will put forward some other scenario's why a 'male' may
be wanting to check whether a female student is registered and attending a
university:
* an abusive parent
* a male relative checking out the whereabouts of female who is
avoiding being forced into marriage
* a troublesome ex-boyfriend, ex-husband or partner
* a person trying to collect a debt
* harassment
If as suggested the 'father' believes he is being conned why doesn't he go
to the police and let them investigate and they could decide whether they
need the information for a detection of a crime.
Margarita Rainford
Academic Affairs Co-ordinator
University of Sunderland
Students' Union
Emma Ritson wrote:
-----Original Message-----
From: [log in to unmask] <mailto:[log in to unmask]> [ mailto:[log in to unmask]
<mailto:[log in to unmask]> ]
Sent: 27 November 2003 12:57
To: [log in to unmask] <mailto:[log in to unmask]>
Subject: Re: [data-protection] Requests for information from divorced
parents
Two thoughts occur to me
a) Isn't the disclosure necessary in the legitimate interests of the father?
On
balance could you argue the disclosure is not unwarranted because of
prejudice
to the rights, freedoms and legitimate interests of the student? - If the
student is attending then there is no prejudice. If the student is not
attending then the disclosure isn't unwarranted and perhaps the student's
interests are not legitimate? One question would be what is the student
told in
the article 10 notice, or would it be in their reasonable expectation that
the
father would want to know they were attending.
b) (probably completely off the wall) is there any argument that the request
is
in connection with the prevention and detection of crime - if the student is
lying to the father and isn't attending could the student be obtaining money
by
deception?
Chris
"Broom, Doreen" <mailto:[log in to unmask]>
<[log in to unmask]> on 27/11/2003 11:44:20
Please respond to "Broom, Doreen" <mailto:[log in to unmask]>
<[log in to unmask]>
To: [log in to unmask]
<mailto:[log in to unmask]>
cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
Services)
Subject: Re: [data-protection] Requests for information from divorced
parents
***** THIS EMAIL WAS SENT VIA THE INTERNET *****
Will it not depend on the Court Order - it may be practical to ask the
father if there are grounds for questioning such attendance in Court
Order...if not, can you not ask student - I am sure she would be quick
enough to ask that you confirm her attendance if her allowance was stopped.
D
-----Original Message-----
From: Arthur Howell [ SMTP:[log in to unmask]
<mailto:SMTP:[log in to unmask]> ]
Sent: 27 November 2003 11:32
To: [log in to unmask]
<mailto:[log in to unmask]>
Subject: Re: Requests for information from divorced parents
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
Sorry , I disagree.
Irrespective of the divorce settlement or whether he pays the bills
the
Data Subject has a right to privacy of their personal data under the
DP
Act(apart from Human Rights issues).
He has no rights of access to the data.
-----Original Message-----
From: Charles Christacopoulos
[ mailto:[log in to unmask]
<mailto:[log in to unmask]> ]
Sent: 27 November 2003 11:20
To: [log in to unmask]
<mailto:[log in to unmask]>
Subject: Re: Requests for information from divorced parents
** Reply to note from Emma Ritson <mailto:[log in to unmask]>
<[log in to unmask]>
Thu,
27 Nov 2003 10:25:01 +0000
> I have received a request for information about one of our
students
> from her father as to whether she is attending or not. He is
divorced
> from the students mother and does not live with the student but
pays a
> lot of maintenance to support the student through college. He has
> spoken with his daughter, who has said she is attending, but he
wants
> to be sure.
>
> Do we have the right to give the father this information about his
> daughter who is under 18 without her consent?
The list said to me in the past ...
It probably depends on the conditions of the divorce settlement. If
the
father is obliged to pay for his daughter's attendance at the
college,
then he has the right to know. If you don't supply the information
he
could go to court and ...
You should seek consent anyway (from the guardian?) and if it is not
forthcoming then .... you may still have to disclose.
====================
A different approach (being a college perhaps) ... Who is paying the
money to you? Do they come direct from the father? If yes, it may
be
the case that your contract for the student to study is with the
father
in which case you may have addtional reasons to disclose. (In our
case
the contract is with the students themselves).
If it helps muddle the waters for you.
Regards
Charles
==============================================
Charles Christacopoulos, Management Information Officer, Planning &
Information, University of Dundee, Dundee, DD1 4HN, Scotland, United
Kingdom. Tel: 44(0)1382-344891. Fax: 44(0)1382-348845.
http://www.somis.dundee.ac.uk/ <http://www.somis.dundee.ac.uk/>
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