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Subject:
Breach of confidentiality?
Category: Reference, Education and News Asked by: rosemarkie-ga List Price: $40.00 |
Posted:
26 May 2006 11:51 PDT
Expires: 25 Jun 2006 11:51 PDT Question ID: 732679 |
It has been an ongoing practice that those (adult) students who wish to have their work marked and returned within 1-3 days can leave self-addressed envelopes on top of a cabinet in the classroom so the tutor can post the marked work to them. A pile of blank envelopes is available for students to use in this way. It is not a requirement for anyone to do so - it is for the students convenience, and they all know where the envelopes are and that the room is used by at least one other group. Is this a breach of student confidentiality or data protection? (Could the answer please be applicable to the UK?) |
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There is no answer at this time. |
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Subject:
Re: Breach of confidentiality?
From: myoarin-ga on 26 May 2006 13:52 PDT |
Do I understand correctly: If they want to, the students put their address on one of the blank envelopes, and the instructor uses it to return the paper? Is your worry that this may reveal to persons in the "other group(s)" who is registered for this course? And that this fact is a breach of student confidentiality or data protection? This is just a free comment and not an official answer, which only a G-A Researcher can post, one with a blue name here. It seems to be an informal and voluntary system, so it would appear that the institution has no responsibility. Perhaps, the fact that one is registered for a course is private information that falls under data protection, but then only for the organisation, i.e., that it may not reveal this from its records without the person's approval - but in this case, it is not doing so. Name and address by themselves are not protected data, as far as I know, although sometimes people think that they are. It depends on who does what with them, and in what connection: membership, account relationship, etc. Someone may suggest that the students should be reminded that they are choosing to reveal their course registration and address, but from my experience, this upsets people needlessly, opening a discussion of the subject, making a nice informal system become official, which may result its being abandoned because the institution prefers to avoid absolutely any possible responsibility. I hope you get an answer. |
Subject:
Re: Breach of confidentiality?
From: nelson-ga on 26 May 2006 19:53 PDT |
I agree with myoarin-ga. How exactly would this qualify as a breach of confidentility in any jurisdiction? |
Subject:
Re: Breach of confidentiality?
From: epidavros-ga on 28 May 2006 08:06 PDT |
While it is true that a name linked to an address is certainly personal information, the Data Protection Act covers only information that forms part of a "relevant filing system". This may be manual or automated, but broadly means that the data must be collected and stored in a manner in which it can be retrieved again in data subject order. Provided the envelopes are kept with the papers rather than filed for later use, then it is hard to see that they are captured by the Act. It is also hard to see how the envelopes reveal any more than the papers themselves (which presumably identify their authors) if these are left on show prior to collection - a simple expedient would be a locked post box for them to be put into. By the way, it is certainly not a requirement of the Act that information cannot be revealed without consent. It is a requirement of the Act that at the time of collecting the data the identity of the data controller the purpose the data is being collected for and any people it might be disclosed to be given (eg faculty and students). |
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