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Does Freedom of Information Act apply to Colleges?

  • 15-11-2018 7:52pm
    #1
    Daithi_115
    Registered Users, Registered Users 2 Posts: 21 ✭


    I'll give you a quick run down.

    2nd November I (18M) tried to kill myself, 5th November removed from College WhatsApp group chat, as I 'broke' one of the Terms of Agreement.

    The WhatsApp group was created by a girl named Lisa (all names are changed), there are four admins, Lisa, Sandra, Dominic, and Harry. Harry is our Class Rep on the student council. On the 5th, the principal ordered Harry to remove me from the group chat. From my knowledge Lisa was never informed of it. The professors know of the group but have no input in it.

    I actually read the Terms of Agreement and I don't remember in anyway shape or form saying they reserved the right to own any college group chat created by students.

    What makes matters even worse is that the principal contacted my mother (she had the right too), but did not inform her that she was recording their conversations, which is illegal (It is legal if you agree to the recording and tell the participant/s. Please correct me if I'm wrong). There is also a possibility they did it to me

    I am genuinely thinking of pushing legal actions, I just need to get the Terms of Agreement and my file. So does the Freedom of Information Act apply to private colleges, if so please link the section and article.

    I don't need legal advice, personal advice/opinion is fine, I just want to know if the Freedom of Information Act will make them give me it.


Comments

  • #2
    L1011
    Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    FOI would not apply to private colleges, and wouldn't apply to this anyway. What you are looking at is a data access request, as if there is something you allegedly agreed to they would have to have a copy.

    Single party consent is all that is required for recording phone calls, you do not need to tell the other party at all.


  • #3
    Daithi_115
    Registered Users, Registered Users 2 Posts: 21 ✭Daithi_115


    L1011 wrote: »
    FOI would not apply to private colleges, and wouldn't apply to this anyway. What you are looking at is a data access request, as if there is something you allegedly agreed to they would have to have a copy.

    Single party consent is all that is required for recording phone calls, you do not need to tell the other party at all.

    Would I be able to sue for cause of emotional distress because to say this has caused me to be upset is an understatement, I believe it has aided in my poor resent mental health


  • #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Moderator: OP, you may very well have a legal remedy against the college but I'm afraid the charter prohibits the giving of legal advice. Only practical advice may be given. Even if it was possible to give legal advice, on the scant information provided, it is impossible to assess your situation fully.

    You would be best served consulting with a solicitor with experience in the field of data protection and also one who has dealt with situations involving educational institutions.


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