I think it's reasonable to do a "best interests" test here - the mother
is as Paul says making this request on the childrens' behalf, and so is
not automatically entitled to everything. Logic dictates that a parent
is the appropriate person to supply information to, but equally, if it's
not in the child's best interests to pass information to the parent,
it's reasonable to refuse. Even if a parent has PR (which is removed
only in extreme circumstances), there can be circumstances where the
parent might want information but it's not in the child's interests for
them to receive it.
Tim Turner
NHS Manchester
Please note I only work on Tuesdays and one other day each week, so a
response may be delayed.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 01 November 2010 11:36
To: [log in to unmask]
Subject: Re: [data-protection] Access to children's data
Provided the mother has parental responsibility for the children, then
she
can make a Subject Access Request on their behalf, and should be given
the
same information that the children would be given if they made the
application in their own right.
That would mean that you should not withhold the information you
suggest, as
the children are not third parties to themselves (as it were). However,
there may be grounds for withholding under SI 2000 No. 415, the Data
Protection (Subject Access Modification) (Social Work) Order.
Since everyone is an individual, with their own individual rights, you
should technically treat this as four separate SARs. Not sure I would
try
to charge four fees though.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Brenda Scourfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 28, 2010 2:31 PM
Subject: Access to children's data
A mother has made a SAR for her data and that of her children - they are
all
under 8 years old. This is a Social care case. I would say the children
are
too young to give their permission to disclose or make a request
themselves.
Is she entitled to copies of their data, usual third party stuff
withheld
without permission ? I would think we should also withhold any
statements or
the like made by the children that she is not aware of, should they
exist.
Also, would you treat this as 4 SARs and charge accordingly ?
Many thanks for any advice
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