With respect, my response didn't mention or make any reference to the Data
Protection Act.
All my comments were based on other considerations including the one of
age - although put less authoratitatively than Lynzie.
Nick Landau
----- Original Message -----
From: "Lynzie Gadd" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, January 16, 2007 10:29 AM
Subject: Re: [data-protection] Confidential Survey and drug taking
> The responses received so far contain useful DPA references but isn't the
> overriding issue here is the age of the child?
>
> A child of 6 is legally a minor and, at that age cannot give informed
> consent. Obviously, the position would be less clear cut for an older
> child
> of say, 13.
>
> Therefore, the school has a duty of care towards the child as it is acting
> in loco parentis, and has responsibility for actions undertaken by the
> child
> whilst on school premises, presumably including completing surveys. Also,
> a
> child of 6 may well have access to drugs (it happens!) and whilst they
> cannot be charged with a criminal offence, the supplier would be.
>
> I don't believe that current legislation prevents you from releasing the
> information back to the school (possibly contractual obligations? but
> arguable).
>
> Lynzie
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Simon Howarth
> Sent: 16 January 2007 09:44
> To: [log in to unmask]
> Subject: Re: Confidential Survey and drug taking
>
> Listing several points....
>
> 1. If this is fact, then I believe the DPA allows for disclosure,
> regardless, if it didn't, I would be taking action anyway. I couldn't live
> with myself if a child came to harm because of my inaction.
>
> 2. What the hec is a 6 year old filling out a questionnaire about drugs
> for?
> Have the children given some sort of informed consent? My child is 9, if
> he
> told me they had filled out such a survey (without my consent/knowledge,
> believe me I'd be on your door step in a flash.
>
> 3. As someone has already mentioned, can the answer be taken as fact? My
> son
> is at least of average intelligence, and when he was 6 you'd have been
> more
> likely to get a picture drawn on the questionnaire of a savage beast with
> wheels!
>
> Given that you appear to be happy that this response is fact, I would pass
> the information as relevant, for action to be taken. However, this is
> where
> your own internal processes should kick in to help you through the
> treacle!
> If you don't have processes, now is the time to take stock!
>
> Good luck with it, I hope it has a positive resolution for all concerned.
>
> Simon Howarth.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Kevin Berwick
> Sent: 15 January 2007 15:48
> To: [log in to unmask]
> Subject: [data-protection] Confidential Survey and drug taking
>
> Hi all
>
> Have had a question from a colleague, that has me stumped
> We did a self completion Questionnaire within some schools and we had a
> 6 year old return one that mentions taking drugs. Unfortunately we don't
> have the childs name, but we do have school and year. Is there any way
> round passing some information onto the relevant school in regard to
> this problem?
>
> The problem I have is that when the survey was done, it was a
> confidential survey, ie no information would be passed back to the
> relevant schools. I could argue that it is under the school/childs best
> interest to pass this information across and the fact that drug taking
> is a criminal offence.
>
>
> Any ideas?
>
> Kevin Berwick
> Database Manager
> BMG Research
> 0121 333 6006
>
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