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Professor disciplined for revealing student's details to concerned mother | higher news | EducationGuardian.co.uk

Thu May 15 10:40:38 UTC 2008

Professor disciplined for revealing student's details to concerned mother | higher news | EducationGuardian.co.uk

Thu May 15 11:30:57 UTC 2008
Lancaster University has disciplined a senior academic for making "illicit disclosures" after he responded to a mother's complaint about her son's tuition.Lancaster University has reprimanded a senior academic for making "illicit disclosures" after he responded to a mother's complaint about her son's tuition.
Prof Geraint Johnes, head of Lancaster's economics department, was reprimanded for breaching data protection rules by providing personal information about a student, Christian Gardner, to his mother, Jackie. Johnes was told he would face disciplinary action for any future breaches.Prof Geraint Johnes, head of Lancaster's economics department, breached data protection rules by providing personal information about a student, Christian Gardner, to his mother, Jackie. Johnes was told he would face disciplinary action for any future breaches.
Parents are increasingly influential in their children's university careers. Many universities have started laying on open days for parents when students are making their choices.Parents are increasingly influential in their children's university careers. Many universities have started laying on open days for parents when students are making their choices.
According to the Times Higher Education magazine, Johnes responded to a letter Gardner wrote to the university in April to complain that her son, a first-year economics student, had to attend only three hours of lectures a week. According to the Times Higher Education magazine, Johnes responded to a letter Gardner wrote to the university in April to complain that her son, a first-year economics student, had to attend only three hours of lectures a week.
She complained her son was not "fully engaged" and had become "quite addicted to alcohol, smokes and has spent a great deal of time over the last nine months asleep".She complained her son was not "fully engaged" and had become "quite addicted to alcohol, smokes and has spent a great deal of time over the last nine months asleep".
Johnes replied immediately, listing the student's modules and explaining he had at least four hours' weekly contact time plus regular project meetings.Johnes replied immediately, listing the student's modules and explaining he had at least four hours' weekly contact time plus regular project meetings.
But when Mr Gardner became aware of the exchange, he complained to the university that it had released the information without his consent.But when Mr Gardner became aware of the exchange, he complained to the university that it had released the information without his consent.
University officials warned Johnes that any further "illicit disclosures" would be reported to the human resources department for disciplinary action.University officials warned Johnes that any further "illicit disclosures" would be reported to the human resources department for disciplinary action.
Lancaster's data protection officer, Andrew Okey, said Johnes had breached the university's data protection procedures and his department's electronic access to centrally maintained student records would be withdrawn.Lancaster's data protection officer, Andrew Okey, said Johnes had breached the university's data protection procedures and his department's electronic access to centrally maintained student records could be withdrawn in the case of further breaches.
In a letter to Johnes, Okey wrote: "Given the seriousness of the accusations raised by Mr Gardner's mother, I do accept that you felt you had to respond to her in some way.In a letter to Johnes, Okey wrote: "Given the seriousness of the accusations raised by Mr Gardner's mother, I do accept that you felt you had to respond to her in some way.
"However, faced with this requirement you should have gained Mr Gardner's explicit consent to disclose his details to Mrs Gardner, or answered Mrs Gardner's concerns only in generic terms.""However, faced with this requirement you should have gained Mr Gardner's explicit consent to disclose his details to Mrs Gardner, or answered Mrs Gardner's concerns only in generic terms."
Mr Gardner told Times Higher Education: "I had spoken to the head of my college earlier about data protection and had been advised that the university could not confirm whether individuals were members of the university.Mr Gardner told Times Higher Education: "I had spoken to the head of my college earlier about data protection and had been advised that the university could not confirm whether individuals were members of the university.
"(Other) parents had telephoned and had been told the university could not say whether a student was alive or dead. So I was very surprised that a full list of my courses was disclosed to my mother without contacting me first.""(Other) parents had telephoned and had been told the university could not say whether a student was alive or dead. So I was very surprised that a full list of my courses was disclosed to my mother without contacting me first."
Rosemary Jay, head of the information law team at legal firm Pinsent Masons, said the list of modules attended by Mr Gardner was personal data, but revealing it was not a serious breach of his personal autonomy.Rosemary Jay, head of the information law team at legal firm Pinsent Masons, said the list of modules attended by Mr Gardner was personal data, but revealing it was not a serious breach of his personal autonomy.
"The academic may have assumed that the student knew about the letter and had given implied consent to a reply," she said."The academic may have assumed that the student knew about the letter and had given implied consent to a reply," she said.
Under the Data Protection Act, a university may tell parents about their children's attendance although students must be made aware of the disclosures and have the right to object. Under the Data Protection Act, a university may tell parents about their children's attendance although students must be made aware of the disclosures and have the right to object.