Sharing information with the Police

Mr Franklin made this Freedom of Information request to University of the Highlands and Islands

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear University of the Highlands and Islands,

I would like to request the information which is detailed below. I would prefer to receive this information in electronic format to this address.

Please confirm receipt of this request.

If the documents requested contain information not disclosable under Freedom of Information, please clearly mark that these sections have been removed.

For all of these requests I am asking for information from the last 3 years of your records.

1. How many students details have you passed on to the police.

a) In how many, if any, of these cases has the University required a court order before releasing the detail?

2. What is the usual procedure regarding the passing of information regarding students to the police, including what information is required from the police before students details are passed on. Please include any policies, guidance documents or similar information relating to this request.

3. Please provide a breakdown of the type of offence which subjects have been suspected of and the number in each category, which has led to their details being released.

Yours faithfully,

Mr Franklin

Roger Sendall, University of the Highlands and Islands

Dear Mr Franklin

Re: Freedom of Information (Scotland) Act 2002 – Request for Information

Thank you for your enquiry, which has been logged and passed to the relevant department within the University for processing. Please quote reference number 025 should you need to contact the University regarding this request.

A response will be sent to you promptly and in any case not later than 20 working days after the date we received your email. The University will make every effort to provide you with the information requested; if any clarification is required, the University will contact you as soon as possible.

In some circumstances, it may not be possible to provide you with an answer to your enquiry. Where the University believes this is the case, you will be informed in writing, stating the reason(s).

If the information you are seeking is already published by the University, or is otherwise available to members of the public, you will be sent details outlining how to access the information.

You will be advised if it is necessary for the University to charge a fee to cover the costs of processing your request.
Should this be the case, please note the information cannot be released until such payment is received.

If you have any questions regarding your request for information then please do not hesitate to contact me.

Yours sincerely

Roger Sendall MSc GradICSA MAUA
Corporate Governance Manager |  Manaidsear Riaghladh Corporra
University of the Highlands and Islands, Executive Office, Ness Walk, Inverness  IV3 5SQ

Oilthigh na Gàidhealtachd agus nan Eilean, Oifis Stiùridh,Slighe a Nis, Inbhir Nis IV3 5SQ
 
DDI: +44 (0) 1463 279371  |  Switchboard: +44 (0) 1463 279000  |  Fax: +44 (0) 1463 279001
Email: [email address].uk  |  Web: www.uhi.ac.uk
 
 
A Millennium Commission lottery project. A limited company registered in Scotland No 148203.  Recognised Scottish Charity No. SC022228.
Registered office: 12b Ness Walk, Inverness  IV3 5SQ

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Roger Sendall, University of the Highlands and Islands

Dear Mr Franklin

Re: Freedom of Information (Scotland) Act 2002 – Request for Information

I refer to your request for information received on 1st April 2014 relating to sharing information with police authorities, request number 025.

Please note that the University of the Highlands and Islands operates as a collegiate federal partnership comprising of thirteen independent further and higher education colleges, specialist colleges and research institutions. This response relates to Higher Education students who are registered with the University only. If you require information about students enrolled on Further Education courses with any of our partner colleges then you are advised to contact them directly. A list of contact details for our partner organisations is available at http://www.uhi.ac.uk/en/campuses and further information about the University is available online at http://www.uhi.ac.uk/en.

Question 1 - How many students details have you passed on to the police in the last three years?

Please be advised that the University has not released any information to the police relating to our students in the last three years.

Question 1a - In how many, if any, of these cases has the University required a court order before releasing the detail?

Question not applicable. The University has not released any information to the police relating to our students in the last three years

Question 2 - What is the usual procedure regarding the passing of information regarding students to the police, including what information is required from the police before students details are passed on. Please include any policies, guidance documents or similar information relating to this request.

The following information comprises an extract from the University's guide to the Data Protection Act which is available to all staff via our intranet and which describes how staff should respond to requests for information about students: .

Disclosures to the Police are NOT compulsory except in cases where the University is served with a Court Order requiring information. However, section 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 disclosures 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 section 29 of the Act, a brief outline of the nature of the investigation, the student’s role in that investigation, and the signature of the investigating officer.

Legal Proceedings

Section 35(2) of the Data Protecting Act 1998 Act exempts data from the non-disclosure provisions (e.g. obtaining consent from the student) in case where disclosure is necessary “for the purpose of, or in connection with, legal proceedings…..or for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights”. In practice this means that the University can disclose information regarding students to its own solicitors when seeking proper legal advice about a case. However, for cases that do not directly involve the University, information should only be disclosed if the relevant student’s permission can be obtained. If the information is vital to a case, a Court Order may be issued demanding the information. Section 35(1) of the Data Protection Act 1998 specifically allows data controllers to disclose without consent from the data subject (student) when confronted with a Court Order.

Question 3 - Please provide a breakdown of the type of offence which subjects have been suspected of and the number in each category, which has led to their details being released.

Question not applicable. The University has not released any information to the police relating to our students in the last three years.

Copyright

Please note that copyright in the information you have been given belongs to the university. Copyright material must not be copied, distributed, modified, reproduced, transmitted, published (including published on the Internet or an intranet), or otherwise made available in whole or in part without the prior written consent of the copyright holder or as expressly permitted under the terms of the Copyright, Designs and Patents Act 1998. Should the university agree to give consent to the use of the information, then the university must be credited as having done so.

Your right to seek a review of our decision

If you are not satisfied with our response or our reasoning set-out above, you have forty working days in which to request a review of our decision. Any request should be put in writing and should be sent to me at the address detailed at the bottom of this email.

Your request should:

(a) describe the nature of your original request; and
(b) explain the reasons why you are not satisfied with our response.

If you remain dissatisfied with how your request for information has been dealt with, you also have the right to apply to the Scottish Information Commissioner for a decision as to whether we have handled your request properly.

Information relating to your right to seek review is available from the Scottish Information Commissioner's web page at:

http://www.itspublicknowledge.info/faqs....

or by contacting the Scottish Information Commissioner's Office at the following address:

Scottish Information Commissioner,
Kinburn Castle,
Doubledykes Road,
St Andrews,
Fife
KY16 9DS

Telephone: 01334 464610
Fax: 01334 464611

E-mail: [email address]
Website: www.itspublicknowledge.info

Yours sincerely

Roger Sendall MSc GradICSA MAUA
Corporate Governance Manager |  Manaidsear Riaghladh Corporra
University of the Highlands and Islands, Executive Office, Ness Walk, Inverness  IV3 5SQ

Oilthigh na Gàidhealtachd agus nan Eilean, Oifis Stiùridh,Slighe a Nis, Inbhir Nis IV3 5SQ
 
DDI: +44 (0) 1463 279371  |  Switchboard: +44 (0) 1463 279000  |  Fax: +44 (0) 1463 279001
Email: [email address].uk  |  Web: www.uhi.ac.uk
 
 
A Millennium Commission lottery project. A limited company registered in Scotland No 148203.  Recognised Scottish Charity No. SC022228.
Registered office: 12b Ness Walk, Inverness  IV3 5SQ

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