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A similar question might be asked of s26 of the Protection of Freedoms Act. Given Art 8 and cases such as Gillick, why should the parent of a competent 18 year old have a veto over the use of biometric information if the child is quite happy for it to be used ?

 

----- Original Message -----

From: CHARLES OPPENHEIM

Sent: 04/10/13 03:55 PM

To: [log in to unmask]

Subject: [data-protection] Many thanks: Gillick versus ICO advice

 
As always, I am impressed by the knowledge of members of the list, and by their willingness to pass that knowledge onto people like me who are not immersed in the ins and outs of DP.
 
Any further thoughts would be most welcome, too
 
Charles
 
 
Professor Charles Oppenheim
From: Lesley Gauld <[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, 10 April 2013, 13:32
Subject: Re: FW: [data-protection] Gillick versus ICO advice

In Scotland and in the context of academic records - even if the pupil refuses consent (at any age) - the parents still have the right to view the pupils academic records (in most cases). This is covered by the Pupil's Educational Records (Scotland) Regulations 2003 http://www.legislation.gov.uk/ssi/2003/581/contents/made

So I guess the answer is - age is irrelevant - the pupil does not have the right to refuse parental access to his / her academic records.
In relation to other personal information about the pupil, if the pupil is competent - and release would not place anyone in harm, prejudice an ongoing police investigation / court proceedings etc - then age 12 in Scotland.

Lesley

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