School Records closure

[janiej]

Essex Record Office has announced that they have decided to withdraw post 1911 Schools Records from public access as a result of a decision by the Information Commissioner because it was found that some of the records contained sensitive information. All I have ever found in Admission records was dates of birth, addresses and parent's names. It was no more than I could find by looking at birth certificates but a lot cheaper! The address records were useful because they covered the period that the Census records will not be available for.
I can understand that they want to withold punishment books, and possibly log books, but the situation with admission records is ridiculous. The records have always been available to us, and I could imagine there has been one complaint that has led to the do-gooders making representation to the Information Commissioner who put a blanket ban in place as the easier option.
Can anything be done?

[Guy Etchells]

I would hardly think it worth the while for one year.

However the procedure is to make a request under the Freedom of Information Act 2000, if refused follow the Essex Record Office appeals procedure (they may release the information with sensitive information redacted, worth a try), when still refused appeal to the Information Commissioner under the FoI appeals procedure.
First however check the Freedom of Information Act 2000 (Part II section 40 Data Protection Act 1998 (Part I section 2) to see what is actually meant by Sensitive Personal Data, you may be surprised as it is very precise.
Cheers
Guy

[Pam Downes]

First however check the Freedom of Information Act 2000 (Part II section 40 Data Protection Act 1998 (Part I section 2) to see what is actually meant by Sensitive Personal Data, you may be surprised as it is very precise.
Cheers
Guy
And written in goobledegook as far as this Joe Bloggs is concerned. :biggrin:
I can manage the first four lines, then just get totally lost.

Pam

[janiej]

Thanks for that, Guy. I am contacting ERO to find out what the situation is. It isn't just one year though - until recently we were able to see entire books which often went up to the 1940s. I was lucky to find the one I needed before it was closed, but it is a shame for others who will want to see them.

[jac65]

Data Protection legislation does vary from country to country but generally means that where people are required to provide personal information to the likes of a Council, Business, Organisation, Government Dept etc then that information cannot be released to a third party unless either permission is given or other legislation allows it. We have all provided personal information at one time or another and most of us would not be happy if that information was published. Some areas such as medical history are covered by specific legislation but there are plenty of areas that aren't, that is where Data Protection legislation comes in.

Data Protection legislation generally does not apply to a deceased person but archives would not necessarily know whether a person was alive or not, and if a death certificate was produced, they would not know whether that certificate applied to the record they held or not so records are restricted until they can be reasonably assured that the person was deceased.

I have seen on various forums people complaining about 'jobsworths' or the like refusing access to records that they seem to think they have a right to but I consider my school records from the 1940's are just as important as others school records from 2012 and shouldn't be available to anyone without my permission.

Andy

[Guy Etchells]

Thanks for that, Guy. I am contacting ERO to find out what the situation is. It isn't just one year though - until recently we were able to see entire books which often went up to the 1940s. I was lucky to find the one I needed before it was closed, but it is a shame for others who will want to see them.

Oops, I am living in the past, I read and re-read 1911 as last year 2011.

Always knew I would go nuts eventually. ;)
Cheers
Guy

[Guy Etchells]

As far as England & Wales is concerned the Data Protection Act 1998 classes Sensitive Personal Data as-

"2 Sensitive personal data.In this Act “sensitive personal data” means personal data consisting of information as to—
(a)the racial or ethnic origin of the data subject,
(b)his political opinions,
(c)his religious beliefs or other beliefs of a similar nature,
(d)whether he is a member of a trade union (within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992),
(e)his physical or mental health or condition,
(f)his sexual life,
(g)the commission or alleged commission by him of any offence, or
(h)any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings."


As I wrote it is very precise. I doubt if early school records (cir pre 1980 or 1990) would contain any of the relevant details to be considered Sensitive Personal Data.
Cheers
Guy
PS in such legal documents his means either his or her as the case may be.
Guy

[Megan Roberts]

The problem for Local Authorities is that they have to go through every page of every document requested in order to ensure that there is no infraction of Data Protection, and then they have to redact (black out) every bit that they think does.

The receiver can challenge that, which can then mean a review by the Information Commissioner.

Sounds like a bureaucratic nightmare? That's exactly what it is for LAs, and a very costly one too as they can be inundated by requests for different documents. Must public bodies now have to employ at least 1 person and maybe more to deal with these requests, and in a time of cost cutting ................... A case of dammned if they and dammned if they don't.

[Megan Roberts]

The National Archives digitisation update for Sept has the following:

National Consortium: over 100 archives now part of the consortium to digitise and index more than 9000 School registers and log books circa. 8m names for the period up to 1914. Wales have also now joined the consortium. 6 expressions of interest received, 2 final submissions received, evaluation panel 10 regional representatives of the National Consortium working group met early October and established a preferred bidder. ARA Board met in early November and agreed with the recommendation of working group for Brightsolid Online Publishing to be the preferred bidder. Amends to the Draft contract are currently being worked upon – it is hoped that contract will be signed in the autumn.

For those that don't know Brightsolid is Findmypast/Genes Reunited. But I can't imagine that anything will appear in the next 12 months.