But hang on, consent works the other way round here.
The provisions in s.7(4) of the Act are that you are 'not obliged' to
disclose third party material 'unless' (a) you have the third party's
consent, or (b) it is reasonable in all the circumstances to disclose
without consent.
I take this to mean that:
* if you have consent, you are obliged to disclose.
* if consent has been refused you are likely to decide that it is
unreasonable to disclose (although you may decide otherwise, especially if
the refusal was unsolicited - i.e. "I'm giving you this information but I
don't want the other person to know what I've said").
* if you have been unable to determine whether the third party
consents or not you have to make a decision about reasonableness 'in all the
circumstances'.
* if you are absolutely clear that it is reasonable to disclose you
can do so without seeking consent.
So, in this case, I might argue that the staff member has a right to know
what they have been accused of and what action their employer took and -
since they are no longer in a position to influence what happens to the
student - there is no over-riding reason why the student's views should be
taken into account. (Of course there are other possible approaches; this
suggestion is intended to provoke.)
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, March 23, 2011 3:45 PM
Subject: Re: Staff rights v Student rights
I would probably go down the coonsent route but there again, the address
details you have for the former student are probably out of date. You c
ould probably say that you were unable to obtain consent and therefore
cannot release the information.
Doreen
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Trevor Pearce
Sent: 23 March 2011 15:18
To: [log in to unmask]
Subject: Staff rights v Student rights
Several years ago a PhD student made an informal complaint against a member
of staff, in writing, about the quality of that staff member's supervision.
The student's supervisory arrangements were changed, without any admission
of liability, and all was settled.
The staff member concerned has now requested sight of all of the
documentation emanating from this informal complaint. My view is that we
shouldn't give it to him, as it all references the student, or is written by
the student, and he can obviously identify her throughout. However, clearly
he also has dp rights. If he were to put in a data protection subject access
request should we withhold anything within which he might be able to
identify this (or any other) student?
Thanks in advance!
--
From: Trevor Pearce
Deputy Academic Registrar (Academic Services)
Tel +44 (0)20 7380 3044
Fax +44 (0)20 7380 3092
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