The thing about DPA is that it is not black and white - there are lots of
grey areas and things that have to be considered when making decisions about
whether data are "relevant", "not excessive" and "secure" to name but three.
The fact that a child is more likely to lose a bus bass than an adult is to
lose their driving licence is a relevant factor. The fact that many parents
are in fear of child abusers (regardless of how low the risk is) is a relevant
factor. The fact that a child is unlikely to question an adult who asks to see
the back of the card is also relevant.
I am sure we can all find reasons for and against the address being on the
card and even reasons why we shouldn't need to discuss the issue, but it would
be difficult to prove that the particular data are "necessary" for the purpose
should the position be challenged by a concerned parent.
My considered advice would be: remove it from the next issue and recall all
the old cards at that time.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
--------
In a message dated 25/02/05 15:11:57 GMT Standard Time,
[log in to unmask] writes:
> Our school bus passes have the child's name and address on the back,
> together with the route number and school. They only show the front of the
> pass to the driver. We have been advised to have this removed because of
> DP issues. I can see the point if the card is lost, and the current worry
> of paedophiles, but I feel that as the data subject has control of the
> card and doesn't have to disclose the side with personal details unless
> they wish to (for any other reason), we are not in the wrong.
>
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