data protection act

mrs_angry

i had a telephone call to my mobile number today from our local pcso regarding my 11 year old daughter, she had been silly and along with another boy had used chalk to write on a local underpass and called this teacher a name in the chalk, the reason the pcso was calling me was to ask permission for them to take her to wash the chalk off the floor, they had already visited her at school and questioned her in the morning after she fully admitted it when the head teacher said the person who wrote it could be traced through their handwriting and that the pcso was waiting for them and they were in big trouble.

now my question is not whether this was wrong of my daughter as it obviously was and i have since taken her and made her wash away the writing but the question i have is that the school gave the pcso my mobile telephone number stored on school records, can they disclose this to anyone they want as i thought it was confidential? they made my daughter give them her home number and address but the school disclosed my private mobile number to them.

and what rights do i have as a parent if she is to be questioned the fact that my 11 year old daughter was questioned and i was not even told about it by either the school or the pcso seems a little odd to me, or is this normal?

i will be ringing the head tommorow as this concerns me and my daughter is in bits and very frightened, (a little out of charector for her) so would like to hear peoples thoughts and views.

i am at a loss as to why neither party felt the need to tell me the were going to question her about a graffiti offence.

thanks for reading look forward to hearing your responses so that i can put my mind at ease.

daytona0

Your daughter committed a crime which would carry a fine or community service. Im failry certain that a police officer can obtain a contact number in such an instance.. just as they would if your daughter seriously hurt someone or was seriously injured.

Instead of having a go at your school who have done nothing more than give your phone number out to police , why dont you have a go at your daughter who has done something jwhich should result in 20 hours of picking dog mess up from the streets? And/or remove your emergency contact number from the school if you dont it being given out to police/rescue services

DevCoder

[rant]
Maybe the "frightened" bit will do your daughter good and teach her about what is right and wrong?

Thats how it worked in my day, we didn't have a DPA to hide behind.
[/rant]

In answer to your question, the school will argue that the release of such information is helping (and that denying the release of such information is impeding) the undertaking of a lawful duty, furthermore they could not obtain such information other then your daughter or the school.

This would be in line with DPA requirements.

PlymouthMaid

I don't know if it is normal but I wouldn't be especially worried. They have scared her enough that she hopefully won't do anything like that again. I also wouldn't be worried about my number being given to the Police so long as the school were not planning on giving it to every Tom, !!!!!! and Harry (I may ask them about it to be sure). I expect some people would be very bothered though.

Valli

You give your mobile number to the school so that you can be contacted if necessary. Presumably the graffitti was not on school premises, yet there was sufficient information in the graffitti for them to track your daughter down. At least this way they haven't come knocking on your door!
I would certainly be in touch with the head and tell him/her that you took your daughter to clean the graffitti off. Part of the issue will have been that the misdemeanour was not on school premises; hence the involvement of the PCSO. I believe that the police have a right to obtain data in the course of their duties; hence the school will have given it.
Hopefully this minor brush with the law will be enough to put her off 'crime' in the future.

agrinnall

Given that the questioning happened in school I'd imagine the school acts in loco parentis so they gave permission for it to happen. Had they questioned her elsewhere then I'm pretty sure they would have had to contact you before doing so.

barvid

http://ico.org.uk/for_organisations/data_protection/the_guide/exemptions#how-exemptions-work

The fourth example (in shaded yellow boxes) on the link above confirms that a data controller *can* release personal information to the police without being in contravention of the DPA.

Obviously the example given is a more serious crime than some chalk graffiti, but the principle remains the same.

laineybird2000

I wouldn't have a problem with the phone number being given out, however, I'd be furious if my child had been questioned without my being present. I'd be asking if they could put the fear of god into my errant offspring to teach them a lesson.

Having said that, she's young, she made a mistake, we've all made those. No point having a go at the school. Grounded for a month is the phrase that springs to mind...

stevemLS

To be really anal about it, s29 of the Data Protection Act exempts information from the processing protections ordinarily applicable to processing for the purpose of the prevention or detection of crime.

That would cover the provision of your telephone number to the police.

A child cannot be interviewed without the presence of an appropriate adult.

That would be the member of school staff.

You have nothing to complain about.

Out of interest, would you rather they didn't[ contact you?

SuperHan

She's old enough to go out and knowingly commit a crime, she's old enough to take a telling off by the police.

She wasn't arrested or anything like that, so I don't imagine they needed you present, it was probably more a slap on the wrist than a questioning.

Why are you ringing the head? I hope it's to thank them in helping to discipline your child when you were unable to/unaware of the offence!

stevemLS

For completeness it is s57 of the Police and Criminal Evidence Act 1984 which says that the "person responsible for the welfare" of the child shall be informed of an arrest, the reason for it and the place the child is detained.

The person responsible for the welfare is define as the parent or any person for the time being responsible for the welfare etc. (ie the school).

I doubt very much whether your daughter was "questioned" (i.e. under caution) so technically even those provisions do not kick in.