Simon Howarth (WSL) on Monday, January 31, 2005 at 6:51 PM said:-
> I have watched this thread with interest. As someone with an
> interest in this type of issue from my own experiences, then
> all I can say is that if a 16 year old cannot block the
> father (in this instance) from accessing information then the
> law quite frankly is an a$$.
>
> As someone said below, she is happy for other key adults to
> have the information, so at 16 I would argue her case with
> venom - regardless of what the law might "state".
As with many privacy matters, the issue often becomes more of a social group
judgement about its own interests and preferences than a judgement which
properly includes or reflects the wishes of individuals. That judgement may
also frequently be at variance with any publicly stated stance in that area.
A paradox or a manipulation, only very careful reflection will distinguish.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Simon Howarth (WSL)
> Sent: Monday, January 31, 2005 6:51 PM
> To: [log in to unmask]
> Subject: Re: Disclosure to father
>
>
> I have watched this thread with interest. As someone with an
> interest in this type of issue from my own experiences, then
> all I can say is that if a 16 year old cannot block the
> father (in this instance) from accessing information then the
> law quite frankly is an a$$.
>
> As someone said below, she is happy for other key adults to
> have the information, so at 16 I would argue her case with
> venom - regardless of what the law might "state".
>
> Just my personal t'penneth.
>
> Simon Howarth.
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Paul Ticher
> Sent: 31 January 2005 17:19
> To: [log in to unmask]
> Subject: Re: [data-protection] Disclosure to father
>
> I think the confusion here is between two separate rights of access:
> * the parents have a right of access to specified
> information, under the
> Education (Pupil Information)(England) Regulations 2000 (SI
> 2000 no.297), with no option for the young person to refuse.
> * the young person has a right of subject access to all
> personal data
> held by the school, under the Data Protection Act. If the
> young person is old enough to understand the implications,
> they should exercise the DPA right on their own behalf, with
> parents or anyone else having access only with the consent of
> the young person.
>
> Both rights are restricted by the Data Protection (Subject Access
> Modification) (Education) Order 2000 (SI 2000 No. 414). This
> allows parts of an educational record to be withheld if
> disclosure would cause "serious harm to the physical or
> mental health or condition of the Data Subject or any other
> person". (This is provided for in s.30(2) of the DPA, which
> is in turn referred to by the Pupil Information Regulations.)
> The Order does not specify, as far as I can see, who has to
> judge whether the serious harm would be caused. Presumably
> that leaves it up to the school, although the school might
> well take advice.
>
> Much of the information which must be supplied to the parent
> under the Pupil Information Regulations would also have to be
> supplied to the young person under a DPA subject access
> request, but there may be some information around the fringes
> which falls under the DPA definition but not the Pupil
> Information Regulations, or vice versa.
>
> The upshot is that natural parents, even if estranged, do
> have a right to see their offspring's education records, but
> material can be withheld if it meets the SI 2000 No. 414
> exemption criteria of being likely to cause serious harm to
> health. It cannot be withheld merely because the young
> person does not consent.
>
> The natural father would have been making a request under the
> Pupil Information Regulations, not under the DPA, because by
> the age of 16 it's very probable that the pupil would be able
> to make a subject access request on their own behalf.
>
>
> 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: "Broom, Doreen" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, January 31, 2005 3:50 PM
> Subject: Re: Disclosure to father
>
>
> A child of 16 though has the right to object and in some cases 12 (in
> Scotland) but I would have thought 16 in England.
> D
>
>
> > -----Original Message-----
> > From: Tinsley, Chris [SMTP:[log in to unmask]]
> > Sent: 31 January 2005 15:40
> > To: [log in to unmask]
> > Subject: Re: Disclosure to father
> >
> > The definitions in The Education (Pupil Information)(England)
> > Regulations 2000 [statutory instrument 2000 no.297] gives a parent
> > "absolute" rights
> to
> > documents defined as Educational records. This is not
> conditional on
> > the consent of the daughter. The problem is defining parent.
> >
> > To do this take a look at
> >
> >
> http://www.dfes.gov.uk/publications/guidanceonthelaw/dfeepub/jun00/050
> > 600/
> >
> > section 4 defines a parent as below
> >
> > 4. Section 576 of the Education Act 1996 defines "parent"
> to include:
> >
> > all natural parents, whether they are married or not; and
> any person
> > who, although not a natural parent, has parental
> responsibility for a
> > child or young person; and any person who, although not a natural
> > parent, has care of a child or
> young
> > person.
> >
> > If the biological parent falls in to any of these categories the
> educational
> > record must be provided, subject to any fears about serious harm.
> >
> > Chris Tinsley
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Smith, Tony
> > Sent: 31 January 2005 15:33
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Disclosure to father
> >
> > SI 2000/297 does not seem to give access to the parents for the full
> school
> > record. It only seems to allow for access to certain information. In
> adition
> > to this, I assume that "parent" must be defined somewhere. The
> > biological parent might not be the legal parent.
> >
> > Tony
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of
> Antoinette Carter
> > Sent: 31 January 2005 15:28
> > To: [log in to unmask]
> > Subject: Re: Disclosure to father
> >
> >
> > I totally disagree. At 16 years old, the daughter has a right to
> > privacy in her own right. She is not refusing access to
> anyone, ie.
> > her mother and step-father can still exercise the right of access
> > under the Education Regs. To blatantly ignore the wishes of the
> > daughter is completely wrong in my opinion.
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Trevor Louth
> > Sent: 31 January 2005 15:22
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Disclosure to father
> >
> > The Education (Pupil Information)(England) Regulations 2000
> [statutory
> > instrument 2000 no.297] gives parents a right of access to the
> > educational record of their children and therefore presumably the
> > child cannot prevent this. Trevor
> >
> > >>> Brenda Scourfield <[log in to unmask]>
> > >>> 31/01/05
> > 14:38:19 >>>
> > The biological father has applied to a school for
> disclosure of his 16
> > year old dauhter'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 ?
> >
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