Admittedly I am only familiar with the Scottish pupil regulations but I understood there was a provision which stated that an organisation did not have to disclose information if it would cause significant harm or distress to the pupil or other person.
https://www.legislation.gov.uk/ssi/2003/581/regulation/6/made
Kind regards,
Sarah
Sent from my iPhone
> On 20 Jul 2018, at 10:06, Tony Sheppard <[log in to unmask]> wrote:
>
> Some interesting responses and many thanks for those.
>
> How would people respond to where a non-resident parent has started to pose a threat to the child (and possibly others in their family) and is being investigated? There may be information within the Educational Record that could lead to the access to the child, possibly leading to coercion about the investigation.
>
> The School's duties around radicalisation have also been clearly set out, but there may be information within the Educational Record that would cause issues with non-resident parents (taking parts in elements of the curriculum) and by restricting access it may help to remove the child from scenarios where radicalisation is occurring.
>
> I have a list of other scenarios, but the common thread is the risk of harm to the child or others in their family and investigations are yet to be dealt with in the courts or no restrictions have been set yet.
>
> Do people have other suggestions where 'common sense' or expectations of parents/children might be in conflict? I keep saying to folk not to say safeguarding trumps GDPR ... it is more that GDPR says you need to understand the applicable legislation and make the appropriate judgement ... I would hope that the same applies in the other direction?
>
> Again, thanks for the contributions
>
> Tony
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
> Sent: 20 July 2018 09:53
> To: [log in to unmask]
> Subject: Re: [data-protection] Non-resident parental access to child's educational record
>
> This is so far as I am aware an untested conflict between the two regimes.
>
> Under DP the rights are clearly with the child once it has passed Gillick competency threshold. Under ER the right is with the parent (unless parental responsibility is formally removed by e.g. court order). I have not seen it stated but presumably the logic is that a parent has a responsibility to ensure education and in a worst case scenario their is a potential imprisonment sanction. So parent's rights may be infringed if he has no access to find out e.g. iif child is attending - and this bites hardest on the absent parent.
>
> So the HR argument is not that clear cut.
>
> Under DP of course we now look at GDPR and in particular the rights to object and restrict.
>
> The right to object clearly may be applied as the disclosure would be under specific authority. School would have to consider whether it related to child's specific circumstances and if so the onus is on school to decide if there are still compelling legitimate grounds to disclose. Not an easy issue when you may find it difficult to find the reasons on both sides - you certainly need to ask.
>
> So yes - the official guidance is wrong in suggesting this is automatic. GDPR certainly has the potential to trump the regs, and arguably DP/HR always did but it is much clearer now.
>
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