The arbitrary age you suggest does not work, I think. The judgement call is
simply that the child should be capable of understanding their actions.
Coughing up a tenner tends to show competence, even for a very young child.
My fear is the reverse: A parent making enquiries about a competent child
that the child has an absolute interest in the parent not seeing.
Especially when considering the sensitive data, the child may not under any
circumstances wish the parent to know things like their location (honour
killings come to mind here), sexuality, health, financial situation, or
indeed anything at all about them.
The parent putting in the SAR may be an estranged parent who is not allowed
any information about the child under court or other orders.
The matter is by no means simple
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 20 March 2006 15:30
To: [log in to unmask]
Subject: Re: [data-protection] SARs and children
The answer is different in (a) a legal sense or (b) in a practical sense.
If the young person is Gillick competent, then should legally (IMO) be able
to sign. (Answer A)
But to avoid any arguments, in practical terms, both should sign (Answer B).
Then from the point of view of the policy, perhaps a Gillick competent young
person doesn't want to tell their parents about the SAR? Perhaps the
authority should set an arbitrary age limit above which a young person is
deemed to have the necessary understanding? Say 13??
Below 13 parental consent would be required. In that case between 13 and
16 or 18, either or both parent or young person could sign. (Answer C).
Brenda Scourfield wrote:
> If the children are in their teens but under 18 and therefore to be
> considered able to be of a mental age to understand a SAR, should they
> make a SAR for their own personal data or should their parent ? I am
> talking about Education and Social Service records, some may be school
> records but others are not.
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