Where the request is for a small amount of information involving current
service provision, we tend to treat such requests as normal day to day
business and provide it. However, if it involves a large amount of records
or involve redaction or withholding of information, the request would be
handled as a SAR.
As regards the capacity of a child to act on their own behalf, we follow
the ICOs guidance of 12 years of age for a child of normal development.
The Social Worker is usually well placed to advise on the child's
capacity. However, where a child is deemed to possess capacity, we do not
usually require their consent to disclose information to their parents /
carers (subject to certain exemptions) if they are obviously acting in the
child's best interest, once again it is often a case of business as usual.
Many Thanks
David Wilson LLM
Data Protection Officer
01305 225175
Brenda Scourfield <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
03/05/2011 10:07
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Brenda Scourfield <[log in to unmask]>
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Subject
[data-protection] When does it become a SAR ?
When does a request for personal data or copies of it become a SAR ? If
foster carers request information recorded on thier file about themselves
and their children, would this be dealt with as a SAR with our form being
completed and payment of the fee of £10.00 ? Also, with consideration as
to whether the children are of an age to make their own request ? The data
could just be notes made by the social worker in charge of their case.
I'm afraid after 11 days off my brain is slow to get into DP mode
again......
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