I'm interested to hear your view - where do parents get this right from? I
wasn't aware that there was anything within the DPA or The Data Protection
(Subject Access Modifications) (Education ) Order 2000 SI 2000/414 which
grants parents such a right, nor anything in the DPA (at least in relation
to England) which says that age 16 is the relevant date for determining
whether a child should exercise their rights or whether it should be their
parents. I'd be really interested to know if there is a statutory provision
which I've missed which actually does give parents the right to exercise
rights to access info (education records or other) on a child's behalf/on
the parent's own behalf
Also my understanding is that the issue is the child's competence to
understand what they are doing (ie Gillick competence) not whether the child
is 16 or not (unlike in the medical sphere where 16 is an important age in
terms of being able to consent to treatment)
Claire
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Paul Ticher
Sent: 06 March 2006 16:15
To: [log in to unmask]
Subject: Re: [data-protection] Copies of Teacher's Notes
Absolutely, but parents have a separate right, as parents, to a copy of
their child's educational record (in England as well as in Scotland). I
think they have this right until the child is 16 (someone might correct me
on that), which is likely to be after the child is able to exercise their
own Data Protection rights. I don't know what happens if the parent
requests access to the education record but the child doesn't want the
information released. They could in theory issue a s.10 DPA notice (Right
to prevent ... harm or distress). Then what?
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: "Claire Bessant" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, March 06, 2006 2:14 PM
Subject: Re: Copies of Teacher's Notes
> my understanding is that parents have no legal right under the DPA to
> access
> information about their children - the right of access is granted to the
> child. Parents are, however, entitled to apply for information on behalf
> of
> the child where the child is too young to do so or mentally incapable
> (Data
> Protection Act 1998: Compliance Advice - Subject Access to Social Services
> Records, 2000- which presumably applies to education records in the same
> way). Therefore if the information would be supplied to the child and is
> for the child's benefit it is arguable that it should be supplied to a
> parent - however, as a caveat, much may depend on the child's age - if the
> child is of an age to seek the information themselves should their consent
> to disclosure to their parent not be sought?
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Donald Henderson
> Sent: 06 March 2006 14:04
> To: [log in to unmask]
> Subject: Re: [data-protection] Copies of Teacher's Notes
>
>
> Surely this will initially depend on whether the information is part of
> the "pupil record" and therefore covered by the relevant regs (in
> Scotland it's the Pupil's Educational Records Regulations 2003). This
> gives right of access to the parents.
>
> Donald Henderson
> Information Compliance Manager
> Perth & Kinross Council
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
> Sent: 06 March 2006 13:31
> To: [log in to unmask]
> Subject: Re: [data-protection] Copies of Teacher's Notes
>
>
> I had a similar one this morning regarding a CCTV incident if a parent
> whose child has assaulted another child - can they be shown the video?
> Thanks, Doreen Doreen Broom Access to Information Officer Scottish
> Borders Council
> Tel: 01835 826516
> Fax: 01835 825059
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Jane Corrin
> Sent: 06 March 2006 11:16
> To: [log in to unmask]
> Subject: Copies of Teacher's Notes
>
> Good Morning,
> If a parent asks for a copy of Teacher's Notes on their child in
> relation to a specific incident were does the school stand in having to
> supply the notes to the parent. Hopefully an easy question for the list,
> any comments gratefully received. Jane Corrin Information Manager Wirral
> MBC
>
>
>
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