If the police ask for information to be disclosed to them in the course of an investigation there is no automatic obligation to provide the information to them without first obtaining the student’s consent. Section 29(3) Data Protection Act 1998 exempts personal data from the non-disclosure provisions within the Act where disclosure is required for the prevention of crime or apprehension or prosecution of offenders and seeking an individual’s consent will prejudice the enquiry. However section 29(3) does not compel disclosure and decisions about whether or not to disclose information should be considered carefully. Factors such as the seriousness of the offence will be relevant. If it is decided that a degree of disclosure is appropriate this should be limited to the minimum required. If staff are unsure what to do in these circumstances, they should contact the University’s Legal Services Office
for advice.