The Data Protection Act 1998 stipulates no minimum age for an application by a data subject for access to personal records in England but it states that in Scotland a person under the age of sixteen years shall be taken to have the capacity to exercise any right under the Act "where he has a general understanding of what it means to exercise that right" and that "a person of
twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding" (s.66). I would think that the OIC hasapplied the Scottish provision to England since children are likely tomature at the same rate on both sides of the border!
Rosemary Pattenden
UEA Norwich
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