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Martin,
Parents and legal guardians have a right and a duty to make decisions on
behalf of their children. The child gains more rights to control their own
life as they grow older and the parent's rights are reduced in consequence
until the child becomes an adult. Even then, parents or guardians may still
have to act on behalf of some adults with incapacities.
I don't believe the extended family have much say in the matter unless the
parents' actions were putting the child at risk. In this case, it would be
time to call in social services or the police, not the Information
Commissioner.
Surely this processing is covered by the 'domestic purposes' exemption
anyway which means that it would not be covered by the DPA.
Allan
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 14 August 2002 13:02
To: [log in to unmask]
Subject: Re: who decides?
Martin,
The protections provided by the DPA 1998 apply to the individuals, no matter
what their age. Who exercises those protections/rights on behalf of the
individual is not necessarily age specific as it can be based on the
intellectual capacity of the individual involved. If the rights are
exercised by another, they have to be exercised in the interests of the data
subject in question.
The scenario you provide in the e-mail sent 14 August 2002 at 12:32
incorrectly entitled 'ERO Disclosures' indicates that a relative of a
'child' believes it is not in the interests of the data subject (child) to
have material relating to them available on the INTERNET. The reasons
behind this situation are likely to be personal to the family itself and
could be based on protecting other members of the family, as well as the
child.
If the child themselves are of sufficient intellectual capacity to
understand the nature of the issues in question, they have the right to
decide on their own behalf what happens with their data. However, the data
controller is now aware of a wish by the family that material is not made
available on the INTERNET, for whatever reasons. If the material is made
available against the families wishes, and apparent instructions, would the
university become liable for any subsequent damage caused to the family?
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Martin Bull
Sent: 09 August 2002 09:15
To: [log in to unmask]
Subject: who decides?
hi
I realise that there may be more to this question than the DPA but how do
things stand in respect of very young children (or others who, for whatever
reason, cannot make the decision for themselves) - can parents or guardians
'legally' make decisions on their behalf, eg to make public personal
information about the child?
Martin
--
Martin Bull
Head of Official Publications
University of Hull, Hull, HU6 7RX, UK
direct line +44 (0)1482 466507
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