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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|