23.
The claimant argues that the evidence of DC Fell and the documentation produced by
the police on disclosure in the action show that the police did not provide a written
request in advance of the disclosure by the university, of his personal data. He submits
that that in particular is contrary to the university’s guidance as set out in
Loughborough University’s Data Protection Policy when information is requested by
the police.
24.
Mr Masters, who appeared before me on behalf of the claimant, reminds in particular
of what is in Section10 of that policy. It reads as follows:
“Disclosures to the police and legal proceedings. Disclosure to the police:
disclosures to the police ARE NOT compulsory, except in cases where the
university is served with a court order requiring information. However, s.29 of
the Data Protection Act 1998 does allow limited exemptions from the first
principle, meaning that the university may release information to the police
without the consent of students, in limited circumstances. Such disclosure
should only be made if the police confirm that they wish to contact a named
individual about a specific criminal investigation and where the university
believes that failure to release the information would prejudice the
investigation. Staff must not release information to the police over the
telephone. The police must inform the university in writing. Most police
forces will have their own request form, which should always include a
statement confirming that the information requested is required for the
purposes covered in s.29, a brief outline of the nature of the investigation, the
student’s role in that investigation and the signature of the investigating
officer.”
25.
Mr Masters also draws attention to the registration form, which was signed by the
claimant. That includes:
“Section 4, Data Protection. Loughborough University collects and processes
information about students for various teaching, research and administrative
processes, including the health and safety and welfare of individuals and the
monitoring of various university policies. Detailed information regarding the
use of your personal data can be found in s.16 of the student handbook (the
quotation I have read from the Data Protection Policy of the university appears
to come from a section of the student handbook).”
The student is then invited to tick appropriate boxes if:
“You do not consent to your personal data being used in any of the following
ways.”
Each of the boxes has been ticked. None of the boxes though, concern disclosure of
information to the police for the purpose of detecting crime.
26.
There is then a box which is headed “Data release authorisation, password (optional)”
and after that box there are these words:
“In accordance with the Data Protection Act, the university will not share your
information with any third parties without your consent. If you wish us to
release information to a third party, please provide a password. The third party