Q:

Please explain public task as lawfulness for data processing in context of EHCPs that a ) LAs and b) Schools rely upon? I believe the public task ...

Please explain public task as lawfulness for data processing in context of EHCPs that a ) LAs and b) Schools rely upon?

I believe the public task of the LA is to have processes in place for dealing with EHCPs i.e. NHS commissioning agreements, assessment processes etc. But PUBLIC TASK does not mean that sensitive specific individual data can openly/ without parental or child consent be processed with whom the LA deems appropriate ie. school consultations or third parties.This would need to be agreed. PUBLIC TASK in terms of EHCP/SENDIST means that processes are in place.

LAs quote public task as lawfulness to share and obtain your individual data with third parties without your knowledge in EHCPNA and SENDIST. I don't agree and no one can explain this to me in simple SENDIST/ Education terms. Please can some one explain this as I believe LAs and schools are misquoting to obtain and share data strategically in sendist to blindsight parents

MA

MM AP
Parent
06 Feb 2023

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  • 13 Feb 2023
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    I am not sure I fully understand your question, but that that could well be because I am not an expert in data law. I therefore look forward to reading other contributions.

    In any event, there are restrictions on the disclosure of EHCp, and these can be found in REGS2014 r 17:

    https://www.legislation.gov.uk/uksi/2014/1530/regulation/17/made

     

    Sean Kennedy

    Sean Kennedy
    Talem Law