Hi there, thank you.
At the moment it's in its early stages but sometimes these ideas have a
habit of acquiring their own momentum. No, there is no consent
requested for this kind of access at the moment.
I was a little uncomfortable about the bit with 14-16 students. I
_think_ that the pupil information regs won't apply since they are not
in a school setting ("These Regulations apply to schools in England").
So if the local authority sends them to us then it wouldn't apply. If
they were still officially school pupils undertaking courses here then
it would apply but via the School.
Basically the advice boils down to, in the case of our FE College, to
seek consent from the student.
Best wishes,
Jon
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 06 January 2011 13:14
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information
(again!)
I think your approach is quite correct (and Lawrence's non-legalese
amendments make sense)
I presume the cunning plan relates only to access to the 14-16 year
olds' records? It would be EVEN more concerning if it were for all
students! Also you make reference to "further consent" from the
students. Not that this really matters, but have they already given some
form of consent?
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dunster, Jon
Sent: 06 January 2011 12:49
To: [log in to unmask]
Subject: [data-protection] Parental access to student information
(again!)
Hi there,
We are an FE college dealing mostly with students of 16+ though there
are a number of 14-16 students sent here by schools.
There is a cunning plan to allow remote parental access to students'
academic records and there seems to be an assumption that we can do this
without any further consent from the students. I've disagreed and taken
the following stance:
"The data subject (the student) will be required to give consent before
a parent may access their records since there is no exclusion by which
we could disclose this data to a third party (the parent) without it.
This applies to any student over the age of 12 (the age by which the ICO
says a child becomes independent).
Note that in a school environment (only) the Education (Pupil
Information) (England) Regulations 2005 come into play which give a
parent the right of access whilst the child is in school.
If a student is sent to us from school then we will likely be in a
data-processor arrangement for the personal data (educational record)
held by the school. If a parent wants access to that data then it must
be made through the school and we must not disclose the data directly."
Can anyone please comment as to whether this position stands up to
scrutiny?
Best wishes,
Jon
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