Everyone is a data subject in their own right but where an individual is
not of sufficient age and maturity to understand the implications of
granting access to their personal data, then parents have a right to act
on their behalf. The DPA 1998 specifies at section 66 that:
66 Exercise of rights in Scotland by children
(1) Where a question falls to be determined in Scotland as to the legal
capacity of a person under the age of sixteen years to exercise any right
conferred by any provision of this Act, that person shall be taken to have
that capacity where he has a general understanding of what it means to
exercise that right.
(2) Without prejudice to the generality of subsection (1), a person of
twelve years of age or more shall be presumed to be of sufficient age and
maturity to have such understanding as is mentioned in that subsection.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
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