I think you'll find the RoPA regulations allow the ERO to inspect the
council's records with a view to keeping his/her electoral records up to date. As
such, the Education Department should produce a sub-set of the pupil tracking
records it has (you'll find the actual pupil records belong to the schools, not
the LEA) for the ERO to inspect.
The record of anyone not in that age group should not be included in the file
to be inspected because his/her authority does not go that far. Remember
that the regulation states the records can be inspected, it does not say the ERO
can have a copy of the file - there is a subtle difference. It would be worth
stating on the fair processing notice to parents (and your DPA notification)
that this information will be disclosed to the ERO if you intend to do it as a
matter of course in the future.
Ian B
--------
In a message dated 27/09/05 15:17:05 GMT Daylight Time,
[log in to unmask] writes:
> I have been asked by our Education Department if it is OK to
> share pupils aged 16/17 year old information with the Electoral Registration
> Department.
>
> Regulation 35 of the Representation of the People Regulations 2001
> authorises the Electoral Registration Officer to inspect the following
> records in whatever form they are kept:
>
> * any record kept by the council that appointed the Electoral
> Registration Officer;
> * any record kept by a person providing services to that council;
> * any record held by a person authorised to exercise any function of
> that authority.
>
> The Electoral Registration Department have quoted the above mentioned piece
> of legislation as a means for viewing the Education Information.
> Our Data Protection Notification states that Education Information can be
> shared with Local Government (no specific departments) as well as others
> i.e. the Health Authority etc.
>
> Having not heard of this piece of legislation before I contacted the
> Information Commissioner for advice or whether the DP Act overrides this
> other piece of legislation, to which I got the usual non committal reply.
>
> Has anyone come across this before and what were your findings? Your
> assistance on this matter would be gratefully appreciated.
>
-------------
from
Ian Buckland
Keep I.T. Legal Ltd
(Reg: 3822335)
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