Records Management Section
The University of Edinburgh Records Management Section
 

Guidelines On The Disclosure Of Information About Students

On this page:

Circumstances in which information may be disclosed

Types of enquirers

Types of information

In this section:

For whom is this guidance intended?

This guidance is intended for any member of University staff who receives an enquiry for information about a student.

The University receives many requests for information about students and they can be directed to any member of University staff.  Requests can include enquiries from students, family members, the police, national embassies, other University staff or external organisations.  It is important that they are handled appropriately.

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What is the purpose of this guidance?

This webpage provides guidance on the circumstances in which information relating to students may be disclosed.  The purpose of this guidance is to ensure that information about students is handled correctly and any disclosures of this information are carried out in a uniform manner across the University in accordance with the principles of the Data Protection Act 1998.

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General principle

The general principle to be observed at all times is that information about students is confidential to the University and to the individual student.  Any member of staff except for good, duly considered reason, should not disclose information to a third party.

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What information does this guidance apply to?

This guidance applies to all information about students, irrespective of how that information is held or stored.  Examples of student information range from their attendance record, details of degree programme and exam marks to funding information and personal contact details.

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Responsibilities

Decisions about the release of information should be authorised by the head of the department responsible for the information concerned.  For example:

  • If it is IT information, for example, records of a student's login and use of University computing equipment the disclosure should be authorised by the Director of IT Infrastructure.
  • If it is information about library use, for example, records of a student's borrowing history or library fines the disclosure should be authorised by the Director of Library User Services.
  • If it is information held on Registry systems, the disclosure should be authorised by the Head of Operations, Registry.
  • If it is information from a school, the disclosure should be authorised by the head of the appropriate school.

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Steps for handling an enquiry

This flowchart gives you an overview of the steps outlined below to help you decide whether student information can be disclosed.

Step 1: Enquiry is received

  • Do not confirm or deny that a student is attending or has attended the University of Edinburgh.
  • Take down full details of the enquiry:
    • Name and contact details of the enquirer
    • Nature of the enquiry
    • Student details
  • Forward any requests from the press to the Press and Public Relations office in Communications and Marketing.
  • Confirm the identity of the enquirer:
    • If it is an official request received by telephone it is good practice to offer to telephone back the organisation with the information.  In this way, the identity of the enquirer can be verified to some extent.
    • If it is a written request check if it has been written on official stationery or if in doubt ask for a written request on headed paper.
  • Check that you are the responsible person, for example, does the enquiry concern information held in your section and are you the head of that section?
  • If you are not the responsible person, forward the enquiry to the correct person.

Step 2: Can the information be disclosed?

  • Check if it falls under one of the circumstances when information can be disclosed.
  • Is the enquiry from an individual or organisation that information can be disclosed to?
  • Does the enquiry concern information that can be disclosed?
  • If necessary, contact the student concerned to inform them of the enquiry and seek their views on the disclosure of the requested information.  This may be necessary if you believe that the student would not expect the University to routinely disclose the information, for example does the student data statement on the matriculation form cover the release of the information?  You can use model letter F to contact the student.
  • If in doubt, do not disclose the information and ask the Records Management Section for advice if necessary.

Step 3: Answer the enquirer

If the information should not be disclosed:

  • Explain that the information cannot be released, using model letter C.
  • If appropriate, offer to pass on the enquirer's contact details, a sealed envelope or email to the student on a conditional basis ie if the addressee can be identified as a student.   Do not confirm or deny their presence at the University.  You can use model letter D to do this.
  • If a request for information about a student is refused, but the subject matter of the enquiry is evidently of importance to the student, use model letter E to inform the student of the enquiry. This will allow the student to contact the enquirer themselves. For example, a request by a Sheriff Officer or debt collection agency for the release of a student's address would be refused but the student should be informed of the enquiry lest a judgement for debt be made against the student without his or her knowledge.

If the information can be disclosed:

  • Release the information if you are the responsible person and are confident that it should be released.  You can use model letter A to do this.
  • Contact the student concerned to inform them of exactly what information has been released and to whom.  This is not necessary for information that is in the public domain, such as degree results that have been published in The Scotsman.
  • Make a record of what has been disclosed and to whom.  Keep this record for 1 year.

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Circumstances in which information may be disclosed:

Disclosure is made to the student or to their nominated representative

Students may ask another individual to act on their behalf to access information.  For example, if a student is spending the holidays travelling they may nominate their parent or guardian to handle their affairs whilst they are away.  Such a person may require information about accommodation or funding arrangements.

Make reasonable efforts to establish that an enquirer is, in fact, acting on the student's behalf. Preferably, the student should have provided written authority for a person to act on his or her behalf. In the absence of such authority the level of checking necessary will vary according to the sensitivity of the information being sought. For example, information about accommodation costs could be provided where as the exam results of a student would not be released without consent.  In some circumstances it will be necessary to insist upon written authority or to contact the student and seek confirmation.

Disclosure is required by law

If the disclosure is required by law, we must disclose the information.  Occasions when disclosure is required by law are rare, but include the following examples:

  • Road Traffic Act 1972, Section 168 (duty to give information which may lead to the identification of the driver at the time an offence was committed).
  • Anti-Terrorism, Crime and Security Act 2001, Chapter 24, Part 3 (duty to disclose information for the purpose of any criminal investigation).
  • Terrorism Act 2006, Chapter 11, Section 33 (duty to disclose information in connection with a terrorist investigation, on receipt of a disclosure notice).
  • Medical Act 1983 (duty to provide proof of qualifications of medical graduates to the General Medical Council).
  • The Teaching Council (Scotland) Act 1965, section 6(2) and the Teachers (Education, Training and Recommendation for Registration) (Scotland) Regulations 1993, paragraph 6 (duty to recommend for registration to the General Teaching Council Scotland any students who have successfully completed a teaching qualification).
  • On the lawful order of a competent court.

Where a request is made on the grounds that disclosure is required by law, for example by an immigration or Customs and Excise officer, the person making the request should be asked to specify - in writing - the precise provisions under which the request is made, or to produce the court order.  Check the provisions cited by the enquirer using the Westlaw database to ensure that they do require us to release the information.

If disclosure is to be made, it must include only such information as is legally required; it should not include, for example, information about a third party (e.g. another student) who is not the subject of the legal requirement.

Disclosure is for the prevention and detection of crime

The Data Protection Act explicitly permits (but does not require) the disclosure of information if made for the following purposes:

  • the prevention or detection of crime
  • the apprehension or prosecution of offenders

The person disclosing the information must have reasonable grounds for believing that a failure to disclose would be likely to prejudice one of these purposes.

It is important to realise that there is no general legal requirement to disclose information to the police. Caution should therefore be exercised in assessing whether a particular enquiry by the police or other such agency falls within the terms of the paragraph above, and if not, whether information should be disclosed in any case.

Use the following criteria to make your decision:

  • Is the enquiry about a non-urgent matter? E.g. The return of lost property or parking fines.
    • This is a matter for the student to deal with; contact them and pass on the details of the enquiry.
  • Is the enquiry about an urgent matter? E.g. A criminal investigation where the police have reason to believe the named student is involved.
    • In cases like this the contact details of a student will be released once the following appropriate checks have been carried out:
      • Has the enquirer provided a completed form under Section 29 (3) of the Data Protection Act signed by a senior officer (inspector level or above) such as that produced by the Association of Chief Police Officers?  This form should include a statement confirming that the information requested is required for the purposes covered in Section 29, a brief outline of the nature of the investigation and the subject's role in that investigation, and the signature of the investigating officer.
      • Are you satisfied that the information is about a named individual required for a specific purpose?  Do not release information about students if you have reason to believe that it is part of a speculative investigation.  E.g. A general enquiry for information about students belonging to a particular ethnic group will not be answered.
      • Once you are satisfied that the information is required for a specific and valid purpose and have received the appropriate paperwork and authorisation then the information may be released.

The position of the University in these matters is one of neutrality, not of obstruction. Examples of practice are to disclose a student's address to the police where it is required to serve a witness citation (on grounds of public policy) or in the investigation of serious crimes or offences, but to decline to disclose an address if it is requested for the purpose of serving a copy complaint (summons) for a parking offence or other such minor infringement.

Disclosure for the collection or assessment of tax or duty

Disclosures for the collection or assessment of tax or duty are permitted (but not required) by the Data Protection Act.  The Registry routinely provides the City of Edinburgh Council with a list of undergraduate and postgraduate students resident within the City of Edinburgh each year.  Students are informed of this and given the opportunity to opt out of the listing during the matriculation process.

If you are contacted by an individual in relation to a tax collection enquiry, for example an officer from the Inland Revenue or a local council, the enquiry should be treated in a similar way to an enquiry from the police.  Release information only after the criteria outlined below has been met.

  • Is the enquiry for the collection or assessment of tax or duty?  This is a matter for the University to provide information on if the enquiry meets the following criteria:
    • Confirm that it is an enquiry from a bona fide employee of a tax collecting organisation, for example, is the enquiry on headed paper?
    • Ensure that the information is about a named individual required for a specific purpose.  Do not release information about students if you have reason to believe that it is part of a speculative investigation. 
    • Release the information once you have received the appropriate paperwork, are satisfied that it is required for a specific and valid purpose and have the authorisation of the head of the appropriate department.
  • Is the enquiry for any other purpose? 
    • This is a matter for the student to deal with; use model letter E to contact them and pass on the details of the enquiry.

Failure to disclose would seriously prejudice the student's or another party's interests

These types of disclosure cover requests of a compassionate nature (e.g. attempts to ascertain a student's whereabouts in the event of a family bereavement, accident, etc.) or where disclosure is urgently required in order to prevent injury or damage to the health of any person.

Wherever practicable, a member of staff dealing with an enquiry in these circumstances should attempt to obtain the student's permission before releasing information to a third party. You can use model letter F as the starting point for a letter to the student about this.  Otherwise, release the information only in cases of urgency.

Deal with less urgent requests in the way suggested in the paragraph dealing with student contact details.  For example, where a person on a brief visit to Edinburgh wishes to contact a student friend.

Disclosure is necessary to protect the University from fraud or misrepresentation of any kind and in particular to protect its reputation and the integrity of its academic awards

It is appropriate to disclose information in the interest of protecting individuals, employers, and the University from fraud and/or potential fraud:

  • When anyone is deemed to have the potential to bring the University into disrepute or has brought the University into disrepute by claiming, through the use of any media, to have been awarded academic qualifications and by doing so have inferred an academic relationship with the University, which we cannot validate.
  • When anyone claims to have an academic award at a higher level or classification or a different qualification to that which has been bestowed upon them by the Senatus Academicus.

Forward the case to the Head of Registry, who will take the following actions on behalf of the University:

  • Confirm in writing to any bona fide enquirer the following:
    • Whether or not the person has been a matriculated student of the University
    • If the person has been a matriculated student, the University will confirm if he/she achieved the award or qualification under enquiry. The University will not disclose what award was achieved but will merely confirm if the award being questioned was achieved.
  • Registry will write to the individual concerned telling them what information has been supplied to the enquirer highlighting any discrepancies and at the same time requesting that they cease making incorrect and false claims.
  • Where the University cannot trace any record of the person being or having been a student we will confirm this to the enquirer and will, at the same time, where address details are available, write to the person in question asking them to desist from making incorrect and false claims

In the event of the University deeming itself to be either in danger of being brought into disrepute or if it has been brought into disrepute by an inferred academic relationship, the University reserves the right to defend itself robustly by taking legal action in the event of the person failing to cease and desist having been requested in writing, or otherwise, to do so.

In the case of legal action being taken by a third party the University will reserve the right to protect its reputation and the integrity of its academic qualifications by providing evidence and confirming to any Court the true facts.

Finally, where the University learns of fraudulent claims against a third party, it will take also action to inform the third party of the fraudulent claims against it and to notify the individual making the claim of this action.  For example, if a potential student had used fraudulent qualifications from another institution to apply for a degree programme at the University of Edinburgh, the institution would be informed of the fraudulent claims and the student notified of the action that the University has taken.

Disclosure is necessary to fulfil a student's contract

It is appropriate for the University to disclose information to allow a contract that a student has entered into to be fulfilled.  For example, if a student has received funding from a particular funding body, the terms of the funding may be that the body is notified of the student's exam results.

Disclose this information once the identity of the individual has been confirmed, you have seen a copy of the contract and you are satisfied that the disclosure is necessary to meet the obligations of the contract.  In cases of this kind it would be appropriate to notify the student that the information has been disclosed to the organisation concerned.

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Types of enquirers

Parents

Parents and relatives of a student have no general legal right to be given information about that student. Do not disclose or discuss any student issues with parents unless it is clear that student consent has been given.

University staff

University staff can disclose information about a student to enable another member of staff to do their job, provided this is done so in a fair and lawful manner, by telling the student:

  • What you will do with the information
  • Who will have access to or receive copies of the information

Check before contacting the student to see if this has already been done at matriculation, when students are informed of the purposes for which their information is collected. In which case it is not necessary to inform the student if they would expect their information to be used for one of these purposes.  These purposes include:

  • Administering studies
  • Maintaining the IT systems
  • Monitoring student performance and attendance
  • Providing students with support
  • Monitoring equal opportunities
  • Making funding arrangements
  • Strategic planning

If the information is going to be used for a different purpose then the student must be told.  Information must not be used by University staff for purposes other than those specified without informing the student(s) involved.  For example, the Registry collects information about students when they register.  This is used to allow them to pay tuition fees, register for courses among other uses.  If Development and Alumni wanted to add information about students to their alumni database they would have to inform those students before using it as they would be using it for a new purpose.

Disclosures to the University's solicitors in the event of instigating any legal action comes under this type of disclosure as they are acting on behalf of the University.  For example information may be provided to the University's solicitors if legal action is required in pursuance of a course of debt recovery.

Media enquiries

Refer media enquiries relating to students without comment, to Communications and Marketing (C&M). Communications and Marketing's policy is, on the one hand, to co-operate where possible with the media in relation to bona fide enquiries about people in the news but, on the other hand, to protect the privacy of individuals from unwarranted curiosity or pressure. In no case is an address, telephone number or School divulged.

External bodies

Disclosures may be made in the appropriate circumstances once you are confident that the individual is a bona fide employee of the institution, that the information is about a named individual required for a specific purpose and that you have the appropriate authorisation to disclose.  Disclosures may be made on this basis to any of the types of organisations or bodies listed below.

Large scale disclosures of information should be considered as transfers of personal information, for example, each year the University passes information about the destinations of leavers to the Higher Education Statistics Agency (HESA) for analysis.  In many cases it is a legal requirement that we put an agreement in place before transferring information.  Further information about transferring information to other organisations and the data protection implications is available below.

Other universities

Students regularly study at other universities and it is necessary to share information with these institutions to allow the academic achievements of students to be validated.  Disclose information to an institution if they can confirm the student's details and it meets one of purposes given in the student data statement on the matriculation form, for example, to allow for the administration of a student's studies or to monitor their performance and attendance.

National Health Service

In certain circumstances, information about students may be shared with the NHS and NHS staff working in a teaching capacity for the University.  For example, students being taught by NHS clinical teachers will expect information to be disclosed to the appropriate person to allow for the administration of their studies and to monitor their performance and attendance.

Edinburgh University Students' Association

The Edinburgh University Students' Association is an independent body with strong associations with the University.   At times it will be necessary for the University to disclose information to EUSA in order to provide students with support, for example through the advice place, or to resolve queries or complaints.  However, this means that disclosing information to employees of EUSA must follow the same guidelines as disclosures to other external bodies.

EUSA has its own policy which outlines how it handles the data it collects from students.

Enquiries from the Student Awards Agency for Scotland and Local Education Authorities

The University regularly receives enquiries from the Student Awards Agency for Scotland and Local Education Authorities, relating to issues that affect fee payment and requesting the following types of information:

  • The status of the student (part-time, full-time).
  • Whether the student has extended their period of study.
  • Placements/study abroad (commonly confirming where the student will be studying).
  • When the student restarted study following authorised interruption of studies.
  • The name of the student's degree programme (when they have transferred).

Pass these types of enquiries to the Registry. Once the identity of the enquirer has been confirmed, they will release the information as students are informed at the beginning of their studies that the University will share this type of information with such enquirers.

Universities and Colleges Admissions Service (UCAS), Scottish Higher Education Funding Council (SHEFC), Higher Education Statistics Agency (HESA)

Students are informed at matriculation that the University will disclose information about them to the Universities and Colleges Admissions Service (UCAS) and government agencies such as the Scottish Higher Education Funding Council (SHEFC) and the Higher Education Statistics Agency (HESA).  The information provided is primarily used for statistical analysis by these bodies.  Disclosure of this information is permitted as long as it follows the same guidelines as disclosures to other external bodies.

Regulatory bodies

Regulatory bodies such as the General Teaching Council for Scotland or the Nursing Midwifery Council require information about relevant students about to graduate or who have graduated, in order to enable them to be registered to practice.

The Child Support Agency (CSA)

The Child Support Agency (CSA) does not have a legal right to request information from the University.  However, it does have statutory powers to require information under the Child Support (Information, Evidence and Disclosure) Regulations 1992 from the individuals themselves. 

The University may be approached by the Child Support Agency for information about the status of a student.  For example, if a student has been identified as a non-resident parent the CSA requires evidence of their student status to calculate the maintenance payments that the student should make.  In this instance it is the responsibility of the student to provide the CSA with this information.  Do not disclose information to the CSA without the consent of the student, instead offer to pass on the enquirer's contact details to the student (neither confirming nor denying that the student attends the University of Edinburgh) in order that the student can contact the enquirer if they wish to.

Further information about the CSA and its use and disclosure of personal data has been produced by the Information Commissioner.

The Immigration Service

Forward requests from the Immigration Service to the International Office for attention or advice.  The Immigration Service does not currently have a legal right to make blanket requests for information about students but can ask for information about specific students.  For example, an immigration official may want to confirm the dates a student is studying at the University if they have entered the UK on a short-term visa.

The International Office will disclose information only after the following criteria have been met:

  • The enquiry is from a bona fide immigration official.
  • It is a genuine enquiry about a specific, named student.

Embassies and High Commissions

Treat enquiries from Embassies and High Commissions with extreme caution. Some students choose to have little or no contact with their Embassies, despite the fact that it could disadvantage them in matters such as transferring funds from their home countries. However, the extent of the relationship is a matter for the student, not the University, to determine.

Forward requests from Embassies and High Commissions to the International Office for attention or advice. Normally, you will be asked to seek the express consent of the student concerned before releasing information.

Overseas enquirers

Take extra care when disclosing personal information to an enquirer based outside the European Economic Area (EEA).  This is because the disclosure of information may qualify as a transfer of personal information outside of the EEA and unless certain circumstances apply, you will need the student's consent.

Further information about transferring information overseas and the circumstances in which additional measures are required is available.

Types of information

Is someone a student?

Members of staff may receive enquiries as to whether a named person is a student of the University. In such circumstances, ask the enquirer why the information is required. If the reason is not one that would justify disclosure under the guidelines outlined in the section 'circumstances in which information can be disclosed', the member of staff should decline to comment one way or the other.

Student contact details

If you receive a request for contact details follow these instructions:

  • Regard student contact details as restricted information; do not release them.
  • Do not confirm or deny that a student is attending or has attended the University of Edinburgh.
  • If the enquirer is legitimately trying to contact a student, offer to accept a sealed envelope and attempt to forward it to the student's last-recorded address or to forward an incoming email message to a student only if that student can be identified as attending the University.
  • Is the enquiry urgent? If so, forward the matter to the Registry who will attempt to contact the student by telephone or other means in order to put him or her in touch with the enquirer.

Degree results

Students may request transcripts detailing their degree results and examinations passed.  Requests from undergraduate students are handled by Registry.  Forward requests from postgraduate students to their College Office or School as Registry can only provide a statement of the degree awarded.  The Registry website has further information about the process and what information students can expect.

The disclosure of degree results to third parties is the responsibility of Registry, except for press enquiries which should be sent to the Press Office.  Registry or the Press Office will release the information if the degree results were published at the time of graduation and are therefore in the public domain.   Do not assume that all degree results were published; please see the guidance on the published status of degree results

If the degree results were not published, only release the information on receipt of a written request (on headed paper and signed), accompanied by a written and signed consent from the student concerned.  You can use model letter G to explain to the applicant that you cannot provide the information without this.

If fraud is suspected, please see the section on fraud and misrepresentation in this guidance.

Student references

Members of staff may provide references for a student to potential employers or other academic institutions.  Only provide references in response to bona fide requests, for example requests on headed paper or from a business email address or when your knowledge of the student's circumstances confirms this is a legitimate request.

Surveys and questionnaires

There are two types of enquiries relating to surveys and questionnaires.  A third party may request permission to carry out a survey at the University or they may ask for contact details for students for inclusion in a survey or questionnaire. 

Enquirer wishes to carry out a survey at the University

If the enquirer wishes to carry out a survey or questionnaire at the University, forward the enquiry to the Student Survey Ethics Committee.  This committee assesses requests for access to the University’s student body from external organisations, individuals and internal members of the University. 

Enquirer wishes to obtain student contact details for a survey

Forward requests for student contact details to Registry, who will decide how to respond.  In taking a decision Registry should consider the following questions:

  1. What is the purpose of the survey?
  2. What will the information provided be used for?
  3. Who will use the information?
  4. What will happen to the information after the survey?

The University will only consider providing information where the explanations given are reasonable and if the survey fulfils a genuine need.  For example, the University provides contact details for final year students to the National Student Survey.  This information is provided because the survey is an important national initiative run by the Higher Education Funding Council for England, supported by the National Union of Students and in the interests of both students and institutions.  The information provided is only used for the purposes of the National Student Survey and contact details are destroyed at the end of the survey.

Once known, consider the purpose of the survey carefully:

  1. Is the purpose of the survey the same as the original reason the University collected the information? 
  2. Would students reasonably expect their information to be passed on to the third party in question for this purpose? 

If the answer to questions e and f is "no", then there are three options set out below.  Exactly which option is chosen in each case will depend on  resource implications and the importance of the survey.

Option 1

Send the survey to all affected students, making it absolutely clear that this is not an official University survey.  Ensure students understand that completing the survey will mean that they are providing personal data to a third party, that is the external organisation carrying out the survey. 

Option 2

Contact all affected students to inform them of the survey so that they can object to their inclusion in it.  Allow students a minimum of 3 weeks to do so, and extend the time allowed over holiday periods.  Once the deadline has passed, the details of those students who did not object may be released.

Use the model letter provided below when contacting the students by letter as it includes a response slip that students can fill out to record their objection.  If you are contacting students by email, use the main text of the letter as the basis for an email. 

Option 3

Refuse to provide the contact details.

If you have any doubts about releasing information seek further advice from the Records Management Section.

Statistical information

In producing statistical information, all reasonable care must be taken that information about identifiable students, or tables or other analyses from which such information can be deduced, is not published or made generally available unless the student concerned has assented. Thus, information about the source of funding of a group of students from a particular country might not be released if there were fewer than (say) 5 students in that group and an individual's source of funding could be deduced.

Statistical information can be disclosed if it has been fully anonymised, although this is difficult to achieve.  Anonymisation is the removal of information that could lead to an individual being identified, either on the basis of the removed information or this combined with other information held by the University.  Further information about the anonymisation of personal data is available.

IT use

Handle requests for information about students and their IT use in the same manner as other types of information about students.  Information should only be disclosed if it meets one of the circumstances necessary for disclosure, is from a valid enquirer or consent has been provided by the student.

IT infrastructure within the Information Services Group holds information about user registration and the use of the University's computer systems and network, such as log-in and log-out times, printing logs and World Wide Web cache logs to help resolve operation problems.  If an enquirer requests this type of information any disclosures must be approved by the Director of IT infrastructure.

Situations when information held by IT infrastructure would be used for a purpose other than resolving operational problems are outlined in the data protection section of the information services statutory notice.  For example information may be used when the computing regulations have been breached and investigation by IT infrastructure is necessary.

Treat any request from the police for IT information in the same way as other police requests.   Release information only after the criteria outlined above for handling requests from the police have been met.

Ethnicity, sexual orientation, religion or disability

As a general rule we should not provide information about students' ethnicity, sexual orientation, religion or disability to any external enquirer unless we are required to do so by law or we have the explicit consent of the individual concerned.  If you receive an enquiry for this sort of information please contact the Records Management Section for advice (recordsmanagement@ed.ac.uk).

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What help is available?

The University Records Management Section can provide further advice and guidance on this issue.  Although the decision to disclose information must be taken by an appropriate senior member of staff, the Records Management Section can advise on the situation.  For further information please email us at recordsmanagement@ed.ac.uk.

Author: Registry, Kiara King & Susan Graham
Version 8, 29 April 2008

 

If you have any comments or suggestions regarding these pages please e-mail them to us at recordsmanagement@ed.ac.uk
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Page last updated:

 Wednesday August 31 2011