mobile phone privacy

[Sabine]

Looks like my son (14) is going to be expelled from school. I have to go to a meeting in the school tomorrow to discuss the issue.
About a week ago he was caught smoking on the school premises by the principal (of all people) While they were talking my son's phone was ringing and the principal demanded it. My son handed it over promptly. For his smoking he was suspended for three days but they kept his phone and assured him they wouldn't touch it until a parent came to collect it.
It turned out that over the weekend they were investigating the phone going through all the files including pictures that suggested he was dabbling in cannabis.
The school contacted the police but they weren't interested in pursuing the matter and left the phone in the possession of the school.
Although I am really appalled by what my son did I'm shocked that the school feels free to read my son's private communication. There are one or two messages to his best friend talking about "weed" and a picture of a plant. That'll hardly make him a drug dealer and also what are they trying to achieve by deprieving him of his education. I was very accomodating in the first meeting because I believed the school was trying to help my son. Little did I know they were looking for ammunition to expell him. I can't really afford to seek legal advice privately. I did write to the Data Rghts Protection Commissioners asking for advice. I wish I knew where I stood legally

 

[irishbunny]

They defiantly don't have the right to go through his phone and I can't believe they called the guards that's stupid. I smoke and I'm fifteen and it's no excuse to expell someone.Practically every teensmokes and drinks unless your a right swot, it's part of being a teenagerand the more people freak out about it the more people want to do it because you feel like a rebel.I know in my school if your caught outside school smoking or even just talking to smokers you get put on report, which is sad. I hope your ok, I never get in serious trouble but when I do my ma gets really upset.

 

[Sabine]

It's not the smoking that is getting him expelled. That was only an excuse to search his phone (I somehow can't see the connection) What they found on the phone they feel is reason to expel him although not even the gardai could be bothered.

 

[irishbunny]

Why because he had pictures of weed on his phone? I have that on my phone too, so does everyone else, if he has no text messages that mention him smoking or dealing weed then there's definatly no reason for him to be expelled, I agree with you, their just looking for a reason to expel him.

 

[pamnock]

Here's an article on the ACLU site that relates to this issue.

http://www.thedenverchannel.com/news/14311111/detail.html

Pam

 

[Sabine]

Thanks Pam. Interesting to read the article. I have no idea where the Irish legislation stands. it's probably some grey area. I just think it's really shabby to just try and catch a student out

 

[PepnFluff]

Has he had any previous incidents? at my school it's 3 strikes and your out. But going through his phone that must be a breech of your sons rights, irish bunnys right HUNDREDS of people have pictures of weed on their phone, you can download them off your phone providers website thing for gods sake just coz you have a picture can't prove anything. Going through my phone now I have a conversation with my friend about how so and so's doing it etc. I would call the irish ministry of education or something and ask them about it???

 

[BlueCamasRabbitry]

Wow that's not right. They shouldn't expell him just because of what was on his phone. You even said that they assured him they wouldn't touch it until you came to claim it. They had no right to look on his phone. He should of taken his sim card/battery out so they couldn't. That's what kids at my school do when they have to give their phones to the principal.....

Hopefully you'll be able to get this all worked out so that he won't get expelled.

Emily

 

[Mom of Joy and Love]

Many lawyers have a free initial visit policy that might let you know where you stand.
Don't feel the school had any right to go through his phone though do hope you will have a discussion with him regarding the issue raised.
Good Luck.

 

[pinksalamander]

Do you have the Citizens Advice Bureau or similar in Ireland? That is usually the place to go when you can't afford legal advice. However, I have to say that the school are probably fine looking through your sons phone. I would think there would be some thing that they are allowed to search students phones if they 'think' there might be a chance there is incriminating evidence. I'm sure that's what they will try to lean on anyway, even if it isn't true.

Fran :hearts :brownbunny

 

[Luv-bunniz]

pinksalamander wrote:

Do you have the Citizens Advice Bureau or similar in Ireland? That is usually the place to go when you can't afford legal advice. However, I have to say that the school are probably fine looking through your sons phone. I would think there would be some thing that they are allowed to search students phones if they 'think' there might be a chance there is incriminating evidence. I'm sure that's what they will try to lean on anyway, even if it isn't true.

Fran :hearts :brownbunny

Ditto to this! ^

And yeah irishbunny's is right. I have had a pic of a weed plant on my phone since I was 11 for god sakes, I received it in a text joke I don't see how that could lead to somebody taking drugs though. I am sure that looking through his phone could be invasion of privacy. He should have just refused to hand his phone over though, there is nothing they can legally do if he wont hand it to them, and should they use "phyisical force" they could get sued (at least over here?).

 

[bat42072]

That is horrible... My daughter had an incident at school monday where a bouy called her a fat b***** wh***... so she texted my husband ... so he called the principle and my daughter got in trouble because of texting my husband and they did nothing to the boy.... thats ok... my husband is in the volunteer fire department and he is a junoir fireman so next time my husband sees this boy they are going to have a long talk...

good luck with that... They have no right going thru his phone... I hope everything works out

 

[Bo B Bunny]

Here in the states kids aren't allowed to have their phones on during school (most I know of at least) so I wonder if they do - is that grounds to look at the phone?

Personally, I think it's wrong. I just don't know what you can do and I don't think something in a text is grounds to expell him or anything.

 

[Sabine]

I expressed my concerns in the board meeting this morning but didn't get a satisfactory answer as to why my son's phone was examined. One reason given though was a casual remark his father made to my son's art teacher months ago that he was worried if J. didn't start working in school he may end up in crime or something.
I demanded the phone back and the board decided that it had to be returned to me. I read through the messages but also noticed that they had accessed all his incoming voice mail and furthermore opened a message that clearly stated "Mam" as the sender which I sent only the other day just to see how intrusive they get. And guess what? they had opened it!!!! It read:"Dear madame/dear Sir, would you please refrain from reading through my son's private messages." I can't believe they opned it knowing I could tell once I get the phone back. I am completely disgusted and it turns out the Law is on my side. I sent an email to the Data Protection Commisioners with a query about the legality of the schools actions. And this is the reply I got:

"Dear Sabine

I am writing in relation to your e-mail received by our office regarding an
issue with your son and his school were they have allegedly examined his
mobile phone.

On the basis of what you have outlined it appears to us that the School
Principal had no right to search through the child's mobile phone and copy
material from it, etc. that you can try to resolve this yourself if you
wish by telling the Principal that you have contacted this Office and that
we are prepared to commence an investigation if you lodge a formal
complaint. You may be able to sort the matter out in that way as oppossed
to making a complaint with our office as this would take at least 6-8 weeks
to investigate. If that does not work you can make a full complaint and
give us full details of the matter including name of school and principal,
when this happened, etc, etc. You will also need to tell us how you know
that material was copied from the phone.

I hope this is of some assistance to you.

Yours Sincerely
xxxxxxxxxxxxxx

______________________________________________________________________
Office of the Data Protection Commissioner"
I have decided that I will withdraw J. from the school anyhow which means he won't be expelled and there'll be nothing on his records but I'm considering taking the mobile phone issue further

 

[JadeIcing]

Good for you standing behind your son.

 

[irishlops]

OMG! the gardai are bas**ds!:grumpy:

i got "aressted " 4months ago, be cause a sheep was having a baby, so i went in to the field 2 help it. the twin lambs were ok, but 1 had the cord around its neck..

any way. i live in the north. the field was in the north of ireland. then some d**k head of gardai person came out and ws like, "hey, u wats u doin in there? get out y little bugger!" then he and his fellow officer came in. so ok, the sheep ran for me. like i was ner HER babys.... so then the officer bas**d thought i was runnin away from him..

any way a ram came after me..... so i ran faster. then he westled me 2 da ground.... cuffed me... and took me 2 the sation.

i hve donegal accent, because i live like 2min wlk from the border so when i told him wear i was from it was like , no u dont!

but any ways, i got home, after i nearly hit him.he was teaseing me to hit him, so i would be in trouble. im like 12! so kiss my a** Gardai bas**ds!:grumpy:

there not ment 2 be onmy side!!!!