Is it legal for a teacher to do this? [UK]

[SIGSEGV]

PS: Do people not use passwords or fingerprint locks? I mean it's highly unsafe.

This is the best I've found so far:

http://www.telegraph.co.uk/news/uknews/1548273/What-a-teacher-can-do-and-cant-do.html

The cause is different (bullying vs an argument), but it specifically states that they should not search through text messages without permission. I would assume this extends to using the phone at all without consent.

Obviously consulting a Lawyer would be best, but I'm fairly certain that the teacher would need consent.

FYI, why did the kid not have a passcode on his lock screen?

Idk if he did or didn't have a passcode on his lockscreen

[Praesi]

In Germany that would not be legal.

[dalekphalm]

Idk if he did or didn't have a passcode on his lockscreen

If he did have a passcode, and the teacher asked him, and he gave the teacher the passcode, then he is in effect giving consent. However, the kid could then also argue that he was coerced.

 

If the teacher asks you for your passcode, just say no. If the teacher insists, straight up tell them "You do not have authority to make me divulge my passcode. The contents of that device are my personal property, and you accessing them without my consent or a court warrant violates my privacy, and the rights assured to be under UK law. Please do not ask again."

[SIGSEGV]

If he did have a passcode, and the teacher asked him, and he gave the teacher the passcode, then he is in effect giving consent. However, the kid could then also argue that he was coerced.

 

If the teacher asks you for your passcode, just say no. If the teacher insists, straight up tell them "You do not have authority to make me divulge my passcode. The contents of that device are my personal property, and you accessing them without my consent or a court warrant violates my privacy, and the rights assured to be under UK law. Please do not ask again."

I'll ask him about it tomorrow

[dizmo]

I greatly implore you to do your own research when it comes to matters as serious as this and not just go to a forum to post the question, where most people will get it wrong and you'll be misinformed. I know that's rather ironic given you might get a decent answer, provided below, however there's nothing more powerful than empowering yourself. A simple Google search containing the words "Britain can teachers look through phones" netted me the information below.

 

These are from the revised version of the British Education Act 2011.

 

Under article 2,  section 4, sub section 6E

 

(6E)The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.

http://www.legislation.gov.uk/ukpga/2011/21/section/2

 

What I found more interesting is sub section 6F

 

(6F)Following an examination under subsection (6E), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.

So, the teacher could assume that copying information important to an investigation is also allowed.

 

 

This is why it's incredibly important to learn how to research such things. It will help you in many aspects of your life. There have been several times through my working life that I've had to quote sections of the British Columbia Employment Standards Act. People in power will always try and get away with things, legal or not.

 

In this case however, especially given your situation, I believe the teacher is well within their legal rights to do what they did.

 

 

 

its not the teacher's authority to do that, they are allowed to take the kid's phone, but they arent allowed to do anything with it.

 

in belgium the student is allowed to take out the sim card, storage card, and battery so the device is basicly a dud. the teacher cannot take the student's phone to see what he's doing on it, the teacher can take it to stop the student from using his phone in class. (and the phone has to be given back to the student before the end of the day)

 

if it goes to the point of copying data off of the phone without the student's consent... thats even illegal if the police does it without the right permit.

Incorrect, they are allowed to search through any electronic device.

Now, in regards to copying the data, that's a different matter that wasn't covered under the Education Act. It does allow teachers to erase data, so I assume they'd also accept copying it for legal purposes of prosecution.

 

no thats illegal. i would sue the shit out of that teacher tbh, that is wrong. but i know that a high school kid wont do it, too bad. you could get him in real trouble

I'm guessing you're American, but in Britain it's perfectly within the teachers rights to search the phone, especially given the circumstances.

 

Can't imagine it is, since even the police where I live need to have an actual reason to go into someone's files (on their PC or similar) and have to get approval to be allowed to do this.. So there is no possibility this is allowed

It is.

 

My french teacher takes kid's phones who are using it in class and tries to guess the password like 50 times and gets them locked out of their phones for a few hours. She has guessed it right on a few occasions and changed the language to Norwegian. Good fun.

See, I'd almost say changing the language would be worse than taking the device. When returned, if the student was unable to use it and got into a situation where their safety was put into jeopardy and they were unable to call for help/ask for assistance, I'd argue that the student or students parents would be able to sue the teacher.

 

Does anyone have any resources, like something that I can show to a headteacher or something to show that it's illegal?

Linked above. It's legal.

 

nah it aint allowed. thats breaking his privacy...

In the UK, it is.

 

This is the best I've found so far:

http://www.telegraph.co.uk/news/uknews/1548273/What-a-teacher-can-do-and-cant-do.html

 

The cause is different (bullying vs an argument), but it specifically states that they should not search through text messages without permission. I would assume this extends to using the phone at all without consent.

 

Obviously consulting a Lawyer would be best, but I'm fairly certain that the teacher would need consent.

FYI, why did the kid not have a passcode on his lock screen?

Unfortunately that is an outdated article. You're definitely on the right track though.

 

Make the teacher learn something new.

TO NOT FUCKING INVADE PRIVACY!

If I knew my teacher did that, I'd march up to her and tell her I'm getting out of here, get my phone back and go tell the headmaster, then go home and tell your parents, or tell the headmaster you want him to call your parents to pick you up if thats needed.

 

If she wont give the phone back, then just leave, go straight to your head master or someone similar, explain the situiation and take them with you to go get your phone back.

Plus... REAL authorities should be notified, she's invading privacy of your phone, and possibly other peoples phones she confiscated.

 

If the teacher isn't reprimanded, she'll continue doing it.

I would have just locked the phone. It is, unfortunately, legal for the teacher to look through it. So I'd not keep anything I didn't want looked at on it.

 

That's not legal anywhere in the world.

At least how it works here, if you get caught using the phone they can take it until the lesson is over, or in rare cases if you are underage I think they could (not that I've ever seen it done) wait for your parents to come and take it back although even the second is a bit extreme.

And usually they let this kind of things go but even if they take it they have no right what so ever to wiew its content, they could've kept it and asked for his parents but doing this sounds illegal.

 

Unfortunately you are mistaken. I believe it's also legal in other areas of the world, Russia, etc.

 

 

If he did have a passcode, and the teacher asked him, and he gave the teacher the passcode, then he is in effect giving consent. However, the kid could then also argue that he was coerced.

 

If the teacher asks you for your passcode, just say no. If the teacher insists, straight up tell them "You do not have authority to make me divulge my passcode. The contents of that device are my personal property, and you accessing them without my consent or a court warrant violates my privacy, and the rights assured to be under UK law. Please do not ask again."

One must wonder if that's how it works in the UK. Every country has different legislation, it might be perfectly legal for them to ask.

For example when crossing an international boundary, any device locked must be unlocked. You don't have a choice. You refuse, you're detained or forced to return to your country of origin.

[SIGSEGV]

~snip~

Oh ok then, thanks. I did do some research on this, I just couldn't seem to find anything, your google-fu is obviously alot better than mine.

[dizmo]

Oh ok then, thanks. I did do some research on this, I just couldn't seem to find anything, your google-fu is obviously alot better than mine.

It's all good. It's usually always best to check government websites; they'll usually have the answer

[SIGSEGV]

It's all good. It's usually always best to check government websites; they'll usually have the answer

Thanks, I'll keep that in mind for next time

[Benji_w]

So apparently, in my school a kid was made to give his phone to a teacher, the teacher then proceeded to go through his phone and copy all his stuff off of it. He did this because there was a fight and the teacher thought he'd have a recording of it or something, the teacher called the kids parents and told them he had been in 'gang related activities' (the kid's not in a gang and the teacher's already been warned about going round calling any group of kids a 'gang' before).

I'm angry that a teacher would do this anyways, but is it even legal?

 

No it isn't legal.

[Benji_w]

I greatly implore you to do your own research when it comes to matters as serious as this and not just go to a forum to post the question, where most people will get it wrong and you'll be misinformed. I know that's rather ironic given you might get a decent answer, provided below, however there's nothing more powerful than empowering yourself. A simple Google search containing the words "Britain can teachers look through phones" netted me the information below.

 

These are from the revised version of the British Education Act 2011.

 

Under article 2,  section 4, sub section 6E

http://www.legislation.gov.uk/ukpga/2011/21/section/2

 

What I found more interesting is sub section 6F

So, the teacher could assume that copying information important to an investigation is also allowed.

 

 

This is why it's incredibly important to learn how to research such things. It will help you in many aspects of your life. There have been several times through my working life that I've had to quote sections of the British Columbia Employment Standards Act. People in power will always try and get away with things, legal or not.

 

In this case however, especially given your situation, I believe the teacher is well within their legal rights to do what they did.

 

 

 

Incorrect, they are allowed to search through any electronic device.

Now, in regards to copying the data, that's a different matter that wasn't covered under the Education Act. It does allow teachers to erase data, so I assume they'd also accept copying it for legal purposes of prosecution.

 

I'm guessing you're American, but in Britain it's perfectly within the teachers rights to search the phone, especially given the circumstances.

 

It is.

 

See, I'd almost say changing the language would be worse than taking the device. When returned, if the student was unable to use it and got into a situation where their safety was put into jeopardy and they were unable to call for help/ask for assistance, I'd argue that the student or students parents would be able to sue the teacher.

 

Linked above. It's legal.

 

In the UK, it is.

 

Unfortunately that is an outdated article. You're definitely on the right track though.

 

I would have just locked the phone. It is, unfortunately, legal for the teacher to look through it. So I'd not keep anything I didn't want looked at on it.

 

Unfortunately you are mistaken. I believe it's also legal in other areas of the world, Russia, etc.

 

 

One must wonder if that's how it works in the UK. Every country has different legislation, it might be perfectly legal for them to ask.

For example when crossing an international boundary, any device locked must be unlocked. You don't have a choice. You refuse, you're detained or forced to return to your country of origin.

 

Police can confiscate a phone, they have legal right to do so, teachers are not people who enforce the law, that's why schools have police officers or liason officers. What the teacher did is illegal and infringes on the students privacy. If a teacher confiscates a phone etc, they should turn it off and lock it away. If what you're saying is the case, a teacher can take a phone containing private information or pictures and copy it and keep a hold of it outside of the law... So if OP's student friend has 200 dick pics he's been sending to the local bicycle and the teacher keeps them... well... need I say more?

[LokiFire]

Breach of personal data.

[Arty]

No Password on his phone?

[SIGSEGV]

Police can confiscate a phone, they have legal right to do so, teachers are not people who enforce the law, that's why schools have police officers or liason officers. What the teacher did is illegal and infringes on the students privacy. If a teacher confiscates a phone etc, they should turn it off and lock it away. If what you're saying is the case, a teacher can take a phone containing private information or pictures and copy it and keep a hold of it outside of the law... So if OP's student friend has 200 dick pics he's been sending to the local bicycle and the teacher keeps them... well... need I say more?

It doesn't matter if it's right or not, the teacher is allowed to by law according to the law he linked that was passed in 2011

[SIGSEGV]

No Password on his phone?

idk

[Arty]

It doesn't matter if it's right or not, the teacher is allowed to by law according to the law he linked that was passed in 2011

just because its the law, doesn't mean its right. 

[Benji_w]

It doesn't matter if it's right or not, the teacher is allowed to by law according to the law he linked that was passed in 2011

 

 

 

Legal requirements of a search

There should normally be 2 members of staff present during the search - the person doing the search and the search witness. Searches should normally be done by someone the same sex as your child.

The search witness must also be the same sex as your child if possible. Your child must not be asked to remove clothes, other than outer clothing like a coat.

If there’s a risk of serious harm to a person if the search is not conducted immediately, a child may be searched by a person of the opposite sex and without another member of staff present.

 

SOURCE

[dalekphalm]

just because its the law, doesn't mean its right. 

Furthermore, it doesn't mean the law is legal. Many laws have been passed, that are later thrown out by the Supreme Court (or your national equivalent) because they breach the Charter of Rights/Constitution/(Insert national equivalent).

[Arty]

Furthermore, it doesn't mean the law is legal. Many laws have been passed, that are later thrown out by the Supreme Court (or your national equivalent) because they breach the Charter of Rights/Constitution/(Insert national equivalent).

at my school, they don't even bother trying to get kids phones to delete fights and stuff.

the videos spread like wildfire.

[dizmo]

Police can confiscate a phone, they have legal right to do so, teachers are not people who enforce the law, that's why schools have police officers or liason officers. What the teacher did is illegal and infringes on the students privacy. If a teacher confiscates a phone etc, they should turn it off and lock it away. If what you're saying is the case, a teacher can take a phone containing private information or pictures and copy it and keep a hold of it outside of the law... So if OP's student friend has 200 dick pics he's been sending to the local bicycle and the teacher keeps them... well... need I say more?

It's a valid point however the law is what it is, and the teacher operated within it.

 

SOURCE

That's search of a person, not search of a device.

[TechStyle]

I would say it sounds illegal to me but who knows with UK laws 

[Benji_w]

It's a valid point however the law is what it is, and the teacher operated within it.

 

That's search of a person, not search of a device.

 

 

 

Punishments

Schools can punish pupils if they behave badly.

Examples of punishments (sometimes called ‘sanctions’) include:

a telling-off

a letter home

removal from a class or group

confiscating something inappropriate for school , eg mobile phone or MP3 player

detention

 

Source, same site just the first page.

 

The teacher didn't operate within the law, he made his own, there should of been 2 tutors, there wasn't, they then broke privacy laws, which is against the law.

 

On the page I quoted prior to this,

 

 

 

Searches without your child’s consent

The school doesn’t need your child’s consent to search them if they think your child has prohibited items:

weapons, eg knives

alcohol

illegal drugs

stolen goods

tobacco products, eg cigarettes

pornographic images (of any kind, eg tabloid topless pictures and ‘lads’ mags’ as well as extreme adult material)

fireworks

anything that has been, or is likely to be, used to cause injury or commit an offence

anything banned in the school rules

These things can be confiscated.

 

In conclusion, there was no second teacher (ie; A search witness) also deleting content falls under porn or indecent images, to which it should be handed to the police or deleted and returned to the owner, but without a witness.... it's all very pointless and outside of the law, a breach of privacy.

[DebatED Nothing]

-snip-

/thread

[DebatED Nothing]

Source, same site just the first page.

 

The teacher didn't operate within the law, he made his own, there should of been 2 tutors, there wasn't, they then broke privacy laws, which is against the law.

 

On the page I quoted prior to this,

 

 

In conclusion, there was no second teacher (ie; A search witness) also deleting content falls under porn or indecent images, to which it should be handed to the police or deleted and returned to the owner, but without a witness.... it's all very pointless and outside of the law, a breach of privacy.

You're citing information about searching a person, not searching a phone. The law quoted by @dizmo is more relevant, and says it is legal. Also "deleting content falls under porn or indecent images" only if what you're deleting is pornography or indecent images. Indecent doesn't mean inappropriate, it's specifically to do with nudity and sexual content.

[dizmo]

Source, same site just the first page.

 

The teacher didn't operate within the law, he made his own, there should of been 2 tutors, there wasn't, they then broke privacy laws, which is against the law.

 

On the page I quoted prior to this,

 

 

In conclusion, there was no second teacher (ie; A search witness) also deleting content falls under porn or indecent images, to which it should be handed to the police or deleted and returned to the owner, but without a witness.... it's all very pointless and outside of the law, a breach of privacy.

See, again, that's based on a physical search and you're assuming the student did not have the phone in plain sight, nor did they admit to having it.

If a teacher went up to a student, demanded to have the phone, and the student complied, they are open to the rest of the act.

For example a law enforcement officer can demand that you unlock your phone. You don't have to, but if you choose to, then you're open to whatever they find.

The student didn't have to give over their phone, they did, thus they are open to the rest of the act.

Same goes if the phone was in plain sight. If the teacher can see it, then they can confiscate it, especially if said device is banned by the school (contraband).

 

Said information would not fall under the pornographic images section, as that's not what the teacher was looking for.

Who's to say there was no witness?

Also note at the end it says "Anything banned in the school rules". Since we don't have a copy of said rules, it could be mentioned there.

 

Assumptions, of course, but given we don't know exactly what happened that's all we have to go on.

 

[Benji_w]

You're citing information about searching a person, not searching a phone. The law quoted by @dizmo is more relevant, and says it is legal. Also "deleting content falls under porn or indecent images" only if what you're deleting is pornography or indecent images. Indecent doesn't mean inappropriate, it's specifically to do with nudity and sexual content.

 

Here is the PDF containing the same bullshit for searching devices too. THERE HAS TO BE 2 TEACHERS PRESENT ONE SEARCHING AND ONE WITNESS.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/444053/Searching_screening_confiscation_advice_Reviewed_July_2015.pdf

 

 

 

 

If a member of staff finds a pornographic image, they may dispose of the image

unless its possession constitutes a specified offence (i.e. it is extreme or child

pornography) in which case it must be delivered to the police as soon as reasonably

practicable. Images found on a mobile phone or other electronic device can be

deleted unless it is necessary to pass them to the police.

 

 

 

15. Statutory guidance for dealing with electronic devices

• Where the person conducting the search finds an electronic device they may examine

any data or files on the device if they think there is a good reason to do so. Following

an examination, if the person has decided to return the device to the owner, or to

retain or dispose of it, they may erase any data or files, if they think there is a good

reason to do so.

• The member of staff must have regard to the following guidance issued by the

Secretary of State when determining what is a “good reason” for examining or erasing

the contents of an electronic device:

• In determining a ‘good reason’ to examine or erase the data or files the staff member

must reasonably suspect that the data or file on the device in question has been, or

could be, used to cause harm, to disrupt teaching or break the school rules.

• If inappropriate material is found on the device it is up to the teacher to decide

whether they should delete that material, retain it as evidence (of a criminal offence or

a breach of school discipline) or whether the material is of such seriousness that it

requires the involvement of the police.

Also note:

• Teachers should also take account of any additional guidance and procedures on the

retention and disposal of items that have been put in place by the school.

 

 

You see, if there is no witness a teacher can act outside of the law...