Now that Peter has clarified the situation it does appear as though the
debt collection agency is only acting as though they are a data
processor for the college and no problem should arise.
Regards
Alan
IMTS
4 Stanley Close
Ravenshead
Nottingham
NG15 9GE
Tel: 01623 400497 or
07882 241908
> Quoting PETER SELENIC <[log in to unmask]>:
>
>> My apologies for posing the question and not responding to clarify
>> earlier (I had some unforeseen family matters to attend to.)
>>
>>
>> The student undertook a course at the college but failed to pay the
>> associated course materials fee.
>>
>> The college made ample requests for this fee whilst the student was
>> still studying at the college (withholding certificates was not
>> an option) and has resorted as a last resort, to collecting this
>> through the services of a debt collector. The student is
>> challenging the Colleges right to pass on (his) Personal
>> information to this debt collector.
>>
>>
>> I have read your replies with interest
>>
>> Peter
>>
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]] On Behalf Of Chris Brogan
>> Sent: 16 July 2008 15:01
>> To: [log in to unmask]
>> Subject: Re: [data-protection] Disclosure of a student's details to
>> Debt Collectors
>>
>> My ten cents worth if I may. Debt collectors and private
>> investigators constantly try gathering information using this
>> section. If they are acting for a client then they should have been
>> instructed under DPA regs and the legal relationship of Data
>> Controller and Data Processor created. If they have been so
>> instructed why are they asking for the information and not the data
>> controller unless the data controller has specifically mentioned
>> this course of action in their instructions. If they have not been
>> instructed correctly then are they a data controller and if so
>> what condition in schedule 2 have they satisfied to be processing
>> this personal data. I cant see that they could justify it. If I
>> am correct then they would be breaching 1st Principle. Where
>> would that leave the public authority if they released personal
>> data to someone who is breaching the DPA by asking for it.
>> If it goes pear shaped surely the Public Authority could be held
>> responsible or at least share some of the responsibility.
>> Going back to another posting if they are data processor then they
>> wouldn't need to notify the IC.
>> In conclusion let me leave you with another question. If the debt
>> collector had bought the debt and he is now collecting it on his
>> own behalf would he be data controller or data processor.
>>
>> For what it is worth and with some experience of the knowledge of
>> DPA that these guys generally speaking possess I would advise that
>> information never be disclosed to them.
>>
>> Chris Brogan
>> Managing Director
>> Security International Ltd
>> 130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
>> Tel: +44 20 8847 2111 Fax: +44 20 8847 1852 Registered in
>> England & Wales No. 1322074 Registered Office: 11 Loveday Road,
>> London W13 9JT www.securitysi.com -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]] On Behalf Of Ben Plouviez
>> Sent: 16 July 2008 14:46
>> To: [log in to unmask]
>> Subject: Re: Disclosure of a student's details to Debt Collectors
>>
>> More than that - you have to be sure that the disclosure is "necessary"
>> for those legal proceedings - and, if you're not directly involved
>> in the proceedings, I don't see how you can take anyone else's
>> word for that. So I would release only when the debt collectors
>> produce a warrant, subpoena or court order to produce.
>>
>> -----------------------------------------------------------------
>> Ben Plouviez
>> Head of Information Services
>> The Scottish Government
>>
>> Telephone: 0131 244 4272
>> www.scotland.gov.uk
>> -----------------------------------------------------------------
>>
>>
>>
>> -----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 July 2008 12:48
>> To: [log in to unmask]
>> Subject: Re: [data-protection] Disclosure of a student's details to
>> Debt Collectors
>>
>> *******************************************************************
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>> My understanding of the question is that the institution has been
>> asked to supply the details of a defaulting student by a
>> council/landlord/debt collection agency. If this is the case, then
>> I fail to see how Section
>> 35 can be used to supply the information unless there is proof of
>> legal proceedings. If they are just asking for information and it
>> is "assumed"
>> or "presumed" that the requestor is legit' without proof, then I
>> don't think S35 is justified and the student is right to be peeved.
>>
>> I would also never "assume" where information privacy right are concerned!
>>
>> Simon Howarth.
>>
>> Quoting "Bradshaw, Phillip" <[log in to unmask]>:
>>
>>> I'm not sure I understand the question.
>>>
>>> If one of your functions is collecting these accounts then you do not
>>> need to invoke s35 to instruct an agent to do this work on your
>> behalf.
>>>
>>> Your responsibility is essentially under principle 7 - ensure anyone
>>> you instruct has a DP registration, has appropriate safeguards in
>>> place and does not use methods which breach DPA.
>>>
>>>
>>> Phillip Bradshaw
>>>
>>> Information Manager
>>> Clerk to the Council
>>>
>>> Room CY4B, County Hall
>>>
>>> EMail: [log in to unmask]
>>>
>>> Phone: 029 2087 3346
>>> Mobile : 07890 265987
>>>
>>> Fax: 029 2087 3349
>>>
>>> Proactive Publishing Promotes Positive Perceptions
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: This list is for those interested in Data Protection issues
>>> [mailto:[log in to unmask]] On Behalf Of PETER SELENIC
>>> Sent: 16 July 2008 08:59
>>> To: [log in to unmask]
>>> Subject: [data-protection] Disclosure of a student's details to Debt
>>> Collectors
>>>
>>> Whilst we make no specific reference to Debt Collectors the College
>>> has assumed that S35 would permit this disclosure of a student's
>>> details, where that student has repeatedly ignored requests to settle
>>> his outstanding balance.
>>>
>>> This student is now challenging this disclosure.
>>>
>>> Would this challenge be seen as legitimate.
>>>
>>> As yet I do not know the full details of the circumstances or the debt
>>
>>> collectors involved but I assume them to be legitimate and
>> "respectful"
>>> (No early morning knocks on doors etc)
>>>
>>> Regards
>>>
>>> Peter Selenic
>>>
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>> The Information Edge
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