We have had this pass through here several times. Consent is, of course, in
the DP sense, not the Sexual Offences Act 2003 sense (where it is rather
different)
I seem to recall the outcome as follows:
* A child of any age may consent provided it can be shown that they
understand consent and its implications.
* Scotland is an exception since it has an "Age of Minority" as well as an
"Age of Majority".
* A parent may consent for a child unless the child is able to give or
withhold consent themselves (interesting point for discussion: "MUM, I know
what I'm doing!!")
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Duncan Smith
Sent: Wednesday, September 08, 2004 10:16 AM
To: [log in to unmask]
Subject: Re: [data-protection] Fingerprinting schoolkids
Whilst Mr Boyd may have 'been impressed' by similar systems in the BBC
article of 2002, he can't fail to be unimpressed by the blatant breach of
law that occurred when the data was obtained.
How on earth were the requirements of the first principle met?! Did the
school simply assume that as children, these 'natural living individuals'
fell outside the scope of the legislation.
I feel a debate on 'age of consent' coming on. The US has COPPA, and use 13
years as a cut-off point for seeking parental/guardian consent for nothing
more dangerous than 'marketing data'. Will we have to legislate on behalf
of children in the UK?
Duncan S Smith
Managing Director
iCompli Limited Northampton UK
T: 08707 70 48 66 F: 08707 70 48 69 M: 07775 56 81 80
Mailto:[log in to unmask] Web: www.icompli.co.uk
"Compliance in your language"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|