Privacy Laws Have Been Breached by The University

msmhw on 26/07/2015 - 23:13
Last edited 26/07/2015 - 23:14

I will try to explain this as sample as I can as I need some help.

Last year (2014), I couldn't attend the final exams due to medical health problems (suffer from long term disease). so I submitted the required papers to the uni but the course co-ordinator rejected my application because of "there is no clear evidence stopped me from attending the exam". So I appealed that decision to the faculty with a new letter from my doctor explaining everything in details and why I didn't attend the exam.

During the appeal process, the uni contacted the medical centre I go to (the one in the same uni) to verify the the letter (I dont have problem with that). But after they verified the letter, they asked the medical centre about last my visits and why did I see the doctor and how often I come… etc. One of the uni workers told the pro-dean she shouldn't do that and its breaking the laws, and she should make decision in the papers I provided.

then I received the out come of the appeal that still declined my application and I am not eligible to do the exam and why I didn't provide the new letter in the beginning.

After that I applied for hearing appeal (higher level of appeal). After the hearing the declined my application as it was too late to do the exam now (after ~7 months).

If you wounding how I knew all of this, its written in the out comes of the appeals.

I have been depressed and went through a lot of problems because of all this and I think the the faculty decision was based on what the asked the medical centre and affected me in different ways. So I need help, what I should do? I am thinking to sue the university or something similar. If I did this what I am going to get?

TLDR: the university asked the medical centre for my records without my permission.

Education & Work

Comments

  • [Deactivated] on 27/07/2015 - 00:26
    +12

    They can ask, that is not illegal.
    The medical center however, cannot provide medical information to them without your consent.

  • scrimshaw on 27/07/2015 - 00:55
    +1

    Medical centres usually have a privacy policy. Try googling your med center and look up their TC's.

  • [Deactivated] on 27/07/2015 - 01:46
    +6

    they asked the medical centre about last my visits and why did I see the doctor and how often I come… etc.

    Did the medical centre provide the details? You say the uni asked but haven't clearly said whether the info was given. I realise it's implied that they did give the details, but I'm just wanting to ask for certainty here.

    As Drew said, your gripe would be with the medical centre for breaching confidentiality, not the university. The uni acted in poor form for sure but the one giving away the information without your consent is the one in the wrong - the medical centre.

    You might also want to make sure you haven't inadvertently ticked any boxes when signing/filling out forms at the medical centre, which had given them consent to release information to the uni regarding your illness.

  • eatwell365 on 27/07/2015 - 06:48

    True story - a guy ran after the bus from the bus stop. He was late to uni exam if he missed. He ran and he ran behind the bus for few streets and could not catch up. Later on, he found that bus had an accident in the news and how lucky he was not in that bus. It is like things happen for reason.
    We may all have things do not go our way in life at some point, so it should be. If people treat you bad, think people should not treat you nice the first place. If people treat you nice, it is a gift.

    Technically, two fails means show cause to stay in university. If someone did the same subject before, may be more reason to appeal. I would ask myself if I am ready for this exam, should I have granted one.
    In regard to privacy, others here who may be experts in the area can answer. But logic tells me that anyone can ask anyone questions. It is the entity which keep and disclose the information may be in breach without consent. Not the person who asks. I could be wrong.
    Good luck.

  • ChrisLevo on 27/07/2015 - 12:13
    +1

    Why sue the university?

  • toniyellow on 27/07/2015 - 12:14

    You should contact your student union if you are interested in appealing further. You can sue. You'd need money for a lawyer, and be aware that if your case has no merit the court can declare that you must pay the University's legal costs as well as your own e.g. this recent case (http://www.smh.com.au/nsw/medical-student-christina-king-see…)

    If your illness is a long term disease, part of their issue might be why didn't you bring it up sooner ? Ideally if you have an ongoing problem you tell the university at the start of semester and get registered for support, and they have a plan in place. If you don't bother to bring it up at the start of semester, then they could assume it only affects you mildly, as most people have personal issues that affect their study mildly, and you don't need special consideration. They can't put every single person on an exactly level playing field. It is more like the real world than high school.

    If it was mild at the start of semester and suddenly bad on the day of the exam, they need proof of that - probably why they are asking the medical centre for more information. If the medical centre revealed more than they should have your issue is with them regarding privacy.

    So if you are studying again this semester, first go to the counselling or disability service and register as needing support, in case this happens again.
    Then go to the student union and ask about appealing further.

  • mskeggs on 27/07/2015 - 14:38

    Is the university policy to decide the appeal on all information available, or purely on the content of the appeal request you submitted?
    If it is based on all info, then they are likely to have done additional investigation. As others have noted, there is no law against them asking for more info (but the medical centre should not have released it without your consent - although they may have understood you had given consent as you had asked them to supply other information).
    If the latest appeal was rejected because it is too late to sit the the exam, does that mean you can repeat the unit?
    Did you have a doctor's certificate for the exam you missed, or was the letter from the doctor saying that you periodically will be too unwell to attend?
    If you did not have a doctor's certificate when you missed the exam, I would be very surprised if the uni accepted you appeal.

Login or Join to leave a comment
Login Join