The situation of enforced subject access by either/or both of the parents
has not been adequately covered by the responses so far.
The organisation(s) responding to a minor's SAR have in the past been
permitted some discretion in responding depending upon a determination of if
the request is being made in the interests of any data subject child.
Sadly even the police as data controllers have been known to promote
enforced subject access when they see that to be in their interests, so what
affect such flexibility has on data subjects becomes open to the
vacillations of more than merely any data subject child and its parents.
Some may say that it is a good job DPO's and the ICO are professional and
independent enough to be able to support any data subjects viewpoint fully,
others no doubt would deny that strenously.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Nigel Roberts
> Sent: Monday, March 20, 2006 3:30 PM
> To: [log in to unmask]
> Subject: Re: SARs and children
>
>
> The answer is different in (a) a legal sense or (b) in a practical sense.
>
> If the young person is Gillick competent, then should legally (IMO) be
> able to sign. (Answer A)
>
> But to avoid any arguments, in practical terms, both should sign
> (Answer B).
>
> Then from the point of view of the policy, perhaps a Gillick competent
> young person doesn't want to tell their parents about the SAR? Perhaps
> the authority should set an arbitrary age limit above which a young
> person is deemed to have the necessary understanding? Say 13??
> Below 13 parental consent would be required. In that case between 13 and
> 16 or 18, either or both parent or young person could sign. (Answer C).
>
>
>
> Brenda Scourfield wrote:
> > If the children are in their teens but under 18 and therefore to be
> > considered able to be of a mental age to understand a SAR, should they
> > make a SAR for their own personal data or should their parent ? I am
> > talking about Education and Social Service records, some may be school
> > records but others are not.
> >
> >
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