I disagree with your definition that it is not personal data. It is data
connected directly with you as a person. Interestingly it is also capable
of identifying you as an individual ("Who do we have on this course who is
paid for by Bloggins Widgets Ltd?".
That something is a part of your professional duties does not depersonalise
it.
Your sickness point: The fact that you are sick, ignoring the ailment
entirely, is not only personal data, but is sensitive personal data and must
be held securely.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Rob Dawson
Sent: 05 September 2005 12:02
To: [log in to unmask]
Subject: Re: [data-protection] Employer request
Maybe the question should be whether the data is personal or not?
I think that it is a matter of record that the work I undertake as part of
my professional duties is not personal data.
If I am off work due to sickness then the nature of my illness is personal
data but my employer has a right to know that I am not coming in today
because I am sick etc.
If I am required by my employer to go to a business meeting taking place in
Barbados on wedenesday and I am unable to go for a personal reason then my
employer has a right to know (pay & Conditions) that I will not be going or
I did not turn up. That fact that I did or did not go is a professional
issue not my personal data.
So if my employer requires that as part of my duties I undertake a day
release at the local training provider. I am therefore expected to attend
by my employer and paid to do so, my attendance is not personal data bu part
of my professional duty. If I do not go then I think that the college
telling the employer is lawful as attendance is not personal data.
--
Thank you and kind regards
Opinions are my own and do not necessarily reflect those of my employer
Rob Dawson
Institutional Compliance Officer
University of Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
Chichester House 002
Tel: 01244 392892
Fax: 01244 392821
http://www.chester.ac.uk/
Quoting Tim Trent <[log in to unmask]>:
> I see really simple solutions:
>
> Education Establishment contract with student:
>
> "Where the student is funded by an employer, whether or not the
student has
> given [the educational establishment] notice of this information, and
> whether or not this funding is paid directly to [the establishment] by
> the employer, [the establishment] has the right to pass attendance
> data to
the
> employer, and the student enrols on the course subject to these
> conditions."
>
> Employer with Student - Standard employment contract enhanced to
ensure
> that
> the term about attendance at employer funded education, plus notice to
the
> student that this set of clauses will be passed to the educational
> establishment.
>
> Where employer pays the educational establishment directly a simple
> contract between the two ensuring correct confidentiality and stating
> the precise purposes for data transfer (and inspectable by any
> employee/students)
>
> Wording may vary, of course.
>
> And yes, anything that does ensure attendance is a good thing.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
> Sent: 05 September 2005 11:36
> To: [log in to unmask]
> Subject: Re: [data-protection] Employer request
>
> Hey, if even the threat goes to ensuring attendance then surely that
must
> be
> a good thing. Having gone to College myself, I became increasingly
> concerned with the number of students turning up when the grants
were being
> issued, attending a couple of days and then you never saw them again
until
> the next cheque was being issued.
> D
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 05 September 2005 11:18
> To: [log in to unmask]
> Subject: Re: Employer request
>
> Again you are almost certainly correct that it is in there. However I
> would not disclose unless I had evidence that it was in there. I do
> understand that an employment contract is a complex document, quite
> often. The
wise
> employer has this element in a clear and specific part.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
> Sent: 05 September 2005 11:10
> To: [log in to unmask]
> Subject: Re: [data-protection] Employer request
>
> Disagree - it will be contained in the employee's contract with the
> employer and the same rules apply whether he is attending
> work/college.
> D
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Charles
Oppenhiem
> Sent: 05 September 2005 11:08
> To: [log in to unmask]
> Subject: Re: Employer request
>
> The employer has no rights to this personal information unless the
student
> has agreed to its disclosure - just as a parent has no right to obtain
> attendance records of their children. As Tim suggests, it is best done
> by means of contract between the student and the employer whereby the
student
> agrees to let the employer get this information, and gives the HEI a
> copy of that agreement.
>
> Charles
>
> Quoting Tim Trent <[log in to unmask]>:
>
> >
> > All I am saying here is that something that is reasonable is not
> > necessarily lawful. To be lawful there must be contracts in place
> > and
>
> > evidence of those contracts needs to be with the person who is
asked
> > to pass the attendance data.
> >
> > In all probability there is a standard arrangement between
educational
>
> > establishment and employer to which the student has agreed.
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Broom,
Doreen
> > Sent: 05 September 2005 10:10
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Employer request
> >
> > Basically, it is the same as if he does not attend work i.e. off
> > sick
> > - the employer is entitled to know. Also, if he does not attend
> > College then a day's pay is deducted from his wage which I believe
> > is only right (if he doesn't phone in). If he is actually off sick
> > then he would get sick pay.
> > Doreen
> >
> >
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Tim Trent
> > Sent: 05 September 2005 10:06
> > To: [log in to unmask]
> > Subject: Re: Employer request
> >
> > This makes perfect sense. It is fair and equitable. It just needs
> > to
>
> > be formally enshrined in process and contract.
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Broom,
Doreen
> > Sent: 05 September 2005 09:47
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Employer request
> >
> > From a personal experience - if my son is not at College - his
> > employer pays for his course and he is notified if he does not
> > attend.
> > Doreen
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Casillas,
Mojgan
> > Sent: 05 September 2005 09:02
> > To: [log in to unmask]
> > Subject: Employer request
> >
> > Morning,
> >
> > Just want to double check. If a students course is paid for by
> > their employer, can the employer request to see attendance,
> > punctuality, qualifications etc.?
> >
> > The students sign a Student Learner agreement for the College to
> > process and pass on their data (Standard) to third parties. They
> > must
>
> > also have their contract of employment.
> >
> > Any advice??
> > Thanks in advanced
> >
> > Mojgan
> >
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