Another new Off topic: DPA question

[jul kornbluth]

Thanks, makes sense, very helpful.

So as a corporate body we are not entitled to find out who has complained
about us.

So when
*The School Admissions (Admission Arrangements and Co-ordination of
Admission Arrangements) (England) Regulations 2012*
Condition to be met before the determination of an objection

24.  An objection may only be referred under section 88H(2) where the
person or body making the objection provides their name and address to the
adjudicator.


there is no obligation on the adjudicator to advise us of the complainant.

Is there another route by which we can find out if not via the DPA/


Jul




On 18 July 2014 18:36, Ian Batten <igb at batten.eu.org> wrote:

>
> On 18 Jul 2014, at 12:24, jul kornbluth <jul at healthecard.co.uk> wrote:
>
> > Hello
> >
> > Another off topic question on the DPA if I may.
> >
> > We have had a complaint raised against our school with the Schools
> Adjudicator.   I am chair of the trustees. The School Adjudicator has
> powers virtually unchangeable,  and has tied us up in knots and numerous
> meetings.   The complainant has asked to remain anonymous.
> >
> > The 2012 Admission Code, which is the Statutory basis of the
> Adjudicators investigation, states clearly anonymous complaints cannot be
> brought. ~ para 3.3.f)    In the Notes it states  that the person objecting
> must provide their name to the Adjudicator.  Are the notes part of the
> Code, or am I entitled to find out under the DPA who this objector is  e.g.
> a parent, prospective parent, member of staff, an unconnected outsider, or
> even a member of the governing body?
>
> No.  Because the Data Protection Act applies to individuals, not corporate
> bodies,
> and the board of governors are a corporate body (S.1(1) ""data subject"
> means an
> individual who is the subject of personal data;").
>
> It's therefore not relevant what document is part of what: a governing
> body, acting
> corporately, is not an "individual" and information about it is not
> "personal data".
>
> Even were that not to stop you, you can't use the DPA to find out about
> other
> people because of S.7(4) "Where a data controller cannot comply with the
> request
> without disclosing information relating to another individual who can be
> identified
> rom that information, he is not obliged to comply with the request unless"
> (either the
> subject agrees or would have no reason whatsoever to object, neither of
> which is
> likely to apply).
>
> The DPA is about data about _you_.  It's not about companies, it's not
> about corporate
> bodies, and it's not about other people.
>
> ian
>
>


-- 
Jul Kornbluth
Health eSystems Ltd     (UK Company Reg.  5754837)


6 Dalston Gardens,         Stanmore HA7 1BU
Phone 020 8206 3500      Fax 020 8206 3501


e-mail      jul at healthecard.co.uk
website   www.healthecard.co.uk
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