All Data Protection rights belong to the individual. Children can exercise
these rights on their own behalf as soon as they are competent - presumably
around the age of 12 in England and Wales, as that is the set age in
Scotland (DPA s.66).
Parents can only act on behalf of their children if:
a) the parents are authorised to act on behalf of the child; and
b) they are acting in the child's interests.
(a) could arise because a competent child authorises the parents, or it
could be established by reference to the Children Acts.
(b) is a matter for your judgement.
Also, you have to check other legislation. Parents have a separate right to
see education records until the child is 16, and also it is parents who can
refuse permission for the school to pass information to Connexions, for
example.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Brenda Scourfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, December 05, 2005 2:10 PM
Subject: Access to children's records
> Do parents have an automatic right to access records kept on their
> children ? ie correspondence between agencies. I would guess not in all
> circumstances, but maybe someone can enlighten me. I would believe that
> third party restrictions still apply - am I correct ?
>
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