It depends on the nature of the request. A written subject access request
(SAR under the DPA) may fail. A request for disclosure of the child's (anyone
registered at a school up to age 18 in England and Wales) educational record
may succeed. A request for "disclosure" allows the parent to **inspect** the
record within 15 days and free of charge. A request for "a copy" of the record
allows it to be sold for the cost of producing and sending it. It is doubtful
that an application by the pupil under s10 of the DPA would succeed as the
school would cite the 2000 Education Regs as their legal obligation to supply
the education record (condition 3 under schedule 2) and the s10 rights only
apply to conditions 5 or 6.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
------
In a message dated 31/01/05 14:38:42 GMT Standard Time,
[log in to unmask] writes:
> The biological father has applied to a school for disclosure of his 16
> year old daughter's records. The daughter does not want anything disclosed
> to him, only to her stepfather (and he isn't making a SAR anyway). I
> believe because of her age she has the right to stop the school
> disclosing - or is there some other aspect I am missing ?
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|