Data Protection Act issues.

GhostDog_2

Firstly, apologies if this is in the wrong section but I wasn't sure which was most appropriate...:o Its money-saving in the sense that if I get this wrong I imagine I am (or the organisation is) open to being sued....? :eek:

I am currently mentoring a student at work who is not reaching the level of competencies expected. It will be my recommendation that this student completes further work experience prior to qualification.

I have asked for, and received, feedback from other professionals with regard to student's work performance. None of this is complimentary.

Would I be obligated under the DPA to allow student to view this written evidence?

I am in total agreement with openess and honesty but wonder what could be achieved by bashing student's already poor level of self-confidence. :rolleyes:

Anyone have any experience in this please as I'd appreciate some sound advice. :beer:

Steve1981

from a legal point of view I dont 'think' you are obliged to disclose it unless asked and the data protection act is envoked by the student to your company, (i might be wrong)

On an ethical point surely best practice is to tell the student, or at least make them aware, there is a famous quote that says "try, fail, try again, fail better". if the student doesn't know they wont be looking in the right areas to improve themself. If they know what is wrong they can work to rectify it. As you say they are a student and you are responsible for their mentoring and if I was the student I would want to know.

Life is a learning curve and no one gets better with out a put down now and again, being wrapped in cottonwool will not help the long term progress of any student, but being aware of ones abilities and shortfalls will

LittleVoice

GhostDog wrote: »

I
Would I be obligated under the DPA to allow student to view this written evidence?

A difficult area. Was the feedback marked as "confidential" or similar?
Also the DPA can be a protection for the writer as well as the subject - ie disclosing the feedback to the subejct (student) could breach the rights of the person writing it.

GhostDog_2

LittleVoice wrote: »

A difficult area. Was the feedback marked as "confidential" or similar?
Also the DPA can be a protection for the writer as well as the subject - ie disclosing the feedback to the subejct (student) could breach the rights of the person writing it.

Yes - the feedback was marked confidential. I am reluctant to breach anyone's trust / right of confidentiality etc here. It had been suggested to me that instead of showing the student the feedback I encourage them to discuss performance issues with the other professionals involved. This way the student's feelings are somewhat protected whilst observing the professional's right to confidentiality.

olly300

GhostDog wrote: »

Yes - the feedback was marked confidential. I am reluctant to breach anyone's trust / right of confidentiality etc here. It had been suggested to me that instead of showing the student the feedback I encourage them to discuss performance issues with the other professionals involved. This way the student's feelings are somewhat protected whilst observing the professional's right to confidentiality.

Unfortunately with the Data Protection Act the professional doesn't have that right to confidentially except in a few cases, that is why anyone who writes reports or references about someone has to be careful about what they write. This includes medical professionals and teachers.

You are not legally obliged to show the student anything. However if the student specifically evokes the Data Protection Act then the person in the office responsible for keeping and dealing with such records (including reports and references) the Data Controller has to give the student a copy unless they the Data Controller decides specific records fall under the exceptional cases in the Data Protection Act. Even then if the student decides that the employer is hiding something they may take the employer to court to make them prove that the records fall under that category.

So while the student can't evoke the law on you, they can ask the employer who manages the records. However unless the student evokes the Data Protection Act the employer is not legally obliged to show them anything.

The best solution is to be open about it. However bare in mind due to the politics in organisations and the student's low confidence, it's not always a good idea to tell the student to go to the other professionals and discuss it with them unless you have first discussed with either party methods or ways in which the student can improve. Feedback is good but when it's not constructive or can't be used there is no point in it.