I'd be interested to see/understand the legal advice you received.
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: Friday 07 January 2011 13:06
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information (again!)
Interestingly I've just noticed that our enrolment form says that we will give parents details of attendance, progress and behaviour up to age 18.
Apparently the advice that we have received from solicitors suggests that we must comply - even when it is against the wishes of the student.
So does the age of majority trump the DPA? If a student is legally considered a child then do the parents automatically have a right irrespective of regulations/DPA etc etc
Complicated!
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 06 January 2011 15:16
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information (again!)
Potentially but no one has ever challenged it to my knowledge.
Ian
-----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 15:06
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information (again!)
Hi Ian,
Isn't there an argument that it would be unfair to make that potential disclosure a condition of enrolment?
I don't think we issue postal reports, no.
Best wishes,
Jon
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 06 January 2011 14:35
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student information (again!)
Jon,
This too was my position when we had similar issues but the answer given to me was that the consent to disclose has been obtained as a condition of enrolment. In the same way we also state that we'll also disclose to funding/awarding bodies and organisations of that nature. It's on the form adjacent to the signatures of both the student and the enrolling tutor.
If that is in place then I would guess no separate consent would be required at this time. This obviously hinges on how the initial consent is worded.
Out of interest, do you issue postal progress reports?
Ian
-----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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