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DATA-PROTECTION  January 2007

DATA-PROTECTION January 2007

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Subject:

Re: Confidential Survey and drug taking

From:

Nick Landau <[log in to unmask]>

Reply-To:

Nick Landau <[log in to unmask]>

Date:

Tue, 16 Jan 2007 10:39:45 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (180 lines)

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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