Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Who was holding that data?
what is the nature of the data you mention exactly?
what was the purpose of gathering such information?
yes I am but I will have to type up my response as it is not just a few words obviously...
So if you want you can come back to check here later
? of course not, as mentioned above I need to get my response ready first
A school is a data controller for data protection purposes. When data is obtained from data subjects the data controller must ensure, so far as is practicable, that the data subjects have, or are provided with, or have readily available to them, the following information, referred to as the ‘fair processing information’:
In addition, the Data Protection Principles state that data must be:
So the school should have informed you in some way about the data they hold on your child, whether it is in a school policy which is accessible to you or direct notification so you can ask them where this was notified.
The data should also be accurate so if you have found factual inaccuracies you are able to ask them to correct it or remove it.
In doing this you can follow any of the school’s complaints procedures, taking it as far as necessary. The issue is that unless you have suffered any losses as a result, which I do not see being the case, you cannot get any compensation for any breaches of data protection so your options will be limited to raising a complaint and getting the data removed or amended.
you can report them to the Information Commissioner's Office who can fie them if they believe the breach is serious enough and warrants it. But as you have not suffered losses yourself you cannot personally sue the school for that breach
it is not a loss because you can enrol him in a different school - we are talking about financial losses alone. If the victim has only suffered distress and no financial damages, compensation is not available unless the breach related to the “special purposes” which means it was related to the processing of artistic, literary or journalistic information. Any other breaches will not qualify.
Similarly with libel you need to prove losses and such claims will cot you upwards of £20,000 just to bring in through the courts
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do let me know if you need any more help?
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks