----- Original Message -----
From: CHARLES OPPENHEIM
Sent: 04/10/13 03:55 PM
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, tooCharlesProfessor 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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