It would seem reasonable to call upon the experts who have experience in
determining these things - e.g. for a council - social services or education
welfare.
I recall once doing something similar and finding that a case was active on
the persons involved (immediately dropped the request for assistance), so be
cautious, who/how you approach. In that case I then enquired with the
solicitor acting on behalf of the parent making the request, asking if the
child had given consent. The response was that the child had not been asked
because they would have refused consent. Matter sorted.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Wilton, Debbie
(Cultural Services)
Sent: Thursday, November 06, 2003 10:18 AM
To: [log in to unmask]
Subject: Subject access on behalf of a child
Does anyone have a method of deciding whether the parent is exercising
subject access rights on behalf of their child or in their own interest?
There seems to be a fine line and I'm dealing with a request at the moment
specifically made under DPA, on the child's behalf, by his mother. Some of
the records she would be entitled to under the Education (Pupil Information)
Regs 2000 anyway, but not, as I understand it, all the LEA records too.
Therefore, she's made the request on his behalf under DPA.
Any advice gratefully received.
Thanks,
Debbie
~~~~~~~~
Deborah Wilton
Policy Officer (Information)
Modern Records Unit
County Hall
Spetchley Road
Worcester
WR5 2NP
Tel: 01905 728544
Fax: 01905 766698
http://www.worcestershire.gov.uk/records
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