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 ______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. 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