"My understanding is that where someone is acting for another person,
they are, in effect, the other person, and can stand in for them in any
undertaking where they are authorised to do so."
I do not think it is quite that black and white. This is not a
contractual agency situation and it is, for example, not difficult to
imagine circumstances, particularly in the social work field, where one
could refuse a SAR made by a parent on behalf of a child, on the basis
that it was not in the child's interests for the parent to see certain
material. I have dealt with such cases and had the refusal upheld by IC.
On another tack if schedule 1 does REQUIRE a FPN to a parent there are
many people routinely breaching this. As a trivial example, as a 9 year
old I can sign up on the Beano website providing my name, dob and email
address and clicking the box to say that I have parental permission (no
checks on this). Clearly no FPN to the parent here. Whilst as I say this
is trivial Schedule 1 does not distinguish on the grounds of triviality,
only whether it is practicable.
Phillip Bradshaw
Room CY5C, County Hall
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 21 July 2011 18:28
To: [log in to unmask]
Subject: Re: [data-protection] Fair Processing and Children
My understanding is that where someone is acting for another person,
they are, in effect, the other person, and can stand in for them in any
undertaking where they are authorised to do so.
Where an adult authorises someone to act for them, they are likely to
limit the scope (e.g. if I ask someone to undertake a SAR on my behalf I
would not also expect them to consent to the use of cookies on my behalf
when I visit a website).
However, when a parent is acting on behalf of a child they are surely
authorised to represent the child in every case where the child is not
able to make their own decisions - and therefore should expect to
receive a FPN.
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Phil Bradshaw" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, July 21, 2011 5:13 PM
Subject: Fair Processing and Children
In his issues paper at http://tinyurl.com/3cy2eh8 the IC states:
"The Information Commissioner recognises the difficulties involved in
judging whether a child is capable of giving fully informed consent, and
he
would always recommend as good practice that parents should be consulted
about important decisions affecting their children. Nevertheless, it
must be
emphasised that the Data Protection Act 1998 confers rights on the Data
Subject, i.e. the child. These rights should only be exercised by
another on
their behalf if they are not capable of exercising them independently."
I understand that where processing the PD of a child (who by virtue of
age
or otherwise cannot give consent) by consent the consent of a parent
etc. is
required - otherwise there IS no consent.
But where the processing is done under another condition, not
consensually,
is the parent entiteled as a necssary legal requirement to a faor
processing
notice ? i.e. is Sched 1 part 2 to be read as "... ensures so far as
practicable that the data subject [or his parent] has, is provided with,
or
has made readily available to him, ... " etc. or can one say that it is
not
acually practicable to give the data subject such notice ?
The IC statement suggests it is only good practice - which I would
certainly
not disagree with, but I have to decide in relation to a complaint
whether
not giving notice to the parent means we have breached principle 1 when
processing the data.
Thoughts ?
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