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Data Protection Act for schools

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  • Data Protection Act for schools

    We've just had a disagreement with the school headmaster of one of our children.

    We sent him a Subject Access Request to get some CCTV footage that he previously said unequivocally that he had personally viewed.

    He now says that he can;t give it to us & is claiming exemption because it's a school.

    We think he is telling porky-pies.

    So we sent him this

    https://www.youtube.com/watch?v=xtLR0Ey5-vo

    About 6.10 mins into the video



    (How do you post youtube vids again)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
    Tags: None

  • #2
    Re: Data Protection Act for schools

    Hi
    A few years ago I was in a similar position.

    I obtained information under "The Education Pupil Information (England) Regulations 2000"

    Hope this helps
    I dont know whether this covers the data you are seeking

    http://www.legislation.gov.uk/uksi/2.../contents/made

    Comment


    • #3
      Re: Data Protection Act for schools

      Don't know if this is of help.
      Taken from http://www.jkhs.org.uk/wp-content/up...06/PM_cctv.pdf
      Disclosure
      Disclosure of the recorded images to third parties can only be authorised by the data controller.Disclosure will only be granted:
       If its release is fair to the individuals concerned. If there is an overriding legal obligation (eg information access rights).
       If it is consistent with the purpose for which the system was established
      .All requests for access or for disclosure are recorded. If access or disclosure is denied, the reason isdocumented.
      NB: Disclosure may be authorised to law enforcement agencies, even if a system was not establishedto prevent or detect crime, if withholding it would prejudice the prevention or detection of crime.
      Subject access requests
      Individuals whose images are recorded have a right to view images of themselves and, unless theyagree otherwise, to be provided with a copy of the images.
      If the school receives a request under theData Protection Act it will comply with requests within 40 calendar days of receiving the request.
      Theschool may charge a fee for the provision of a copy of the images.
      If the school receives a requestunder the Freedom of Information Act it will comply with requests within 20 working days of receivingthe request.
      As a general rule, if the viewer can identify any person other than, or in addition to, theperson requesting access, it will be deemed personal data and its disclosure is unlikely as a Freedomof Information request.
      Those requesting access must provide enough detail to allow the operator toidentify that they are the subject of the images, and for the operator to locate the images on thesystem.
      Requests for access should be addressed to the data controller.
      Refusal to disclose images may be appropriate where its release is:
       Likely to cause substantial and unwarranted damage to that individual.
       To prevent automated decisions from being taken in relation to that individual


      AND THERE IS THIS FROM PRACTICAL LAW http://uk.practicallaw.com/6-385-6030#a715583


      The DPA 1998 applies to all schools as data controllers holding personal data about pupils (see Practice note, Overview of UK Data Protection Regime: Personal Data and Checklist, When is data "personal data" for the purposes of the Data Protection Act 1998?).


      • The FOIA 2000 applies to all schools which are public bodies and permits the public to access any information held by them, subject to certain exemptions. Specifically, information need not be disclosed under the FOIA 2000, if to do so would breach the principles of the DPA 1998 (see Practice note, Freedom of information).
        **********************************
      • Subject access requests under section 7 of the DPA 1998

      The DPA 1998 applies to all personal data held by a school, including academies and independent schools. Under section 7, all data subjects are entitled to know what personal data is held about them and to receive a copy of it. The right is available to pupils, parents, staff and anyone else whose personal data is held by a school. For information about responding to a request from a member of school staff, see Practice note, Data subject access requests: employer's obligations.
      Anyone with parental responsibility may make a subject access request in respect of their child. However, if the child is aged 12 and over, their consent should be obtained before the school discloses their personal data to a parent, as this is the age at which a child is deemed able to make a subject access request for themself (see ICO's Subject Access Code of Practice).
      While the right to access information under the Pupil Information Regulations is limited to the information contained in the educational record, the right under section 7 extends to all personal data held about the data subject. This could include information contained in unfiled correspondence and even informal notes made by teachers. The time limit for providing information pursuant to a subject access request is 40 days. In practice, schools responding to requests under either regime will not distinguish between them and will disclose all the personal data relating to the child that they are able to find and extract.

      Comment


      • #4
        Re: Data Protection Act for schools

        Thanks to both of you for your replies.

        Seems like the headteacher needs some education! msl:

        100 lines? Or after school detention?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Data Protection Act for schools

          cane him LOL

          Comment

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