Data Legislation Essay

799 Words4 Pages
Confidentiality LEGAL REQUIREMENTS “Human Rights Act 1998: Gives everyone the right to “respect for his private and family life, his home and his correspondence”, unless this is overridden by the ‘public interest’, e.g. for reasons of Child Protection, for the protection of public safety, public order, health or morals or for the rights and freedoms of others.” (Kent County Council Education & Libraries Model Confidentiality Policy for schools, 2005, www.kenttrustweb.org.uk/UserFiles/.../Policy.../Confidentiality05.doc) Data Protection In order for schools to meet the needs of their children, a great deal of data needs to be kept. This ranges from names, addresses, dates of birth etc. to medical conditions, special needs requirements and information on sensitive family issues. Data protection ensures that data can only be passed on with prior consent to the right people for the right reasons, thereby protecting individual human rights. LEGAL REQUIREMENTS “Data Protection Act 1998: Applies to personal data of living, identifiable individuals, not anonymised data; manual and electronic records. Schools need to be clear, when collecting personal data, what purposes it will be used for and schools should have policies to clarify this to staff, pupils and parents”. (Kent County Council Education & Libraries Model Confidentiality Policy for schools, 2005, www.kenttrustweb.org.uk/UserFiles/.../Policy.../Confidentiality05.doc) Under the Data Protection Act 1998 all schools processing personal data must comply with the eight enforceable principles of good practice or face punishments such as fines. Data must be: * fairly and lawfully processed * processed for limited purposes * adequate, relevant and not excessive * accurate * not kept longer than necessary * processed in accordance with the data subject's rights *
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