The key definitions to be considered are 'pupil', 'school' and
'educational record',
Section 70 of the DPA 1998 states "that in relation to a school in England
and Wales, means a registered pupil within the meaning of the [1996 c.
56.] Education Act 1996,"
It also states that school "in relation to England and Wales, has the same
meaning as in the Education Act 1996,"
This is what the ICO guidance says about an educational record :
What is an educational record?
The Regulations provide a legal definition of an ?educational record?,
(mirrored in Schedule 11 of the Act with the addition of any statement of
special educational needs and any personal educational plan). The
definition is wide and includes, regardless of its form, any information
about current and past pupils that is processed by or for a school?s
governing body or teacher. It includes a 'curricular record', defined as a
formal record of a pupil?s academic achievements, other skills and
abilities and progress in school.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
Paul Ticher <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
29/01/2010 13:10
Please respond to
Paul Ticher <[log in to unmask]>
To
[log in to unmask]
cc
Subject
Re: [data-protection] Parental access to student records
That's not how I read the guidance. The parents' independent right to see
the child's educational records does not depend on the capacity of the
child, and is not subject to the child's consent.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "GIBBS, Julie" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, January 29, 2010 12:40 PM
Subject: Re: Parental access to student records
The ICO has very clear guidance about access to pupil records and suggests
parents have a right of access to their child's school record up to the
age
of 12 when it is considered a child is of sufficient maturity to make an
informed decision about access to their information. From the age of 12 a
student can make their own request or give consent to allow a parent to
access their records or have someone act on their behalf.
So I think in your case, you should always seek the student's consent
given
the age range.
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/technical_guidance_note_access_to_pupils_information_held_by_schools_in_england.pdf
Julie
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dunster, Jon
Sent: 29 January 2010 12:23
To: [log in to unmask]
Subject: [data-protection] Parental access to student records
Hi everyone,
I have a query on parental access to student academic records.
We are a general FE College with students from 14 to 90+ years of age
and both state and privately funded.
The Education (pupil information) (England) Regulations seem to give the
parent a right of access to a childs educational record. It 'appears'
to consider this as a person of 'compulsory school age' which I think is
still to age 16 at the moment.
My take on this is that we could provide parents access to their childs
record up to the age of 17 when it then becomes a matter for DPA and a
student to agree that access.
Am I correct in this?
Can anyone point me to some specific policy web links?
Thank you,
Jon
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