Doreen,
...for the purpose of education records a girl can request records at
age 12 and a boy at 14.
The advice from our legal section is that this was rationalised in the last
few
years and it is now 12 years for both. This matches section 66(2) of the
Act.
... a parent will always have a right of access
I was at the same meeting in Edinburgh and what I took out of the discussion
was slightly different. Separate legislation allows parents access to
Education records while the young person is still legally classed as a
pupil. As Phil Boyd from the ODPC said,
this is not a subject access request but a disclosure to a third party
allowed under the
Act.
Could I summarise my understanding of the position:
- Subject Access by young people under the Act -
In general, the Act does not differentiate between adults and children, but
in Scotland
different laws on legal responsibility mean that Section 66 applies.
So if on the remote chance that a subject access request is received from a
child under 12, extra steps must be taken to ensure that the child
understands the significance
of their actions.
Young people of 12 and over can automatically be presumed to have that
understanding.
Parents do not need to authorise the child's action.
- Subject Access by parents under the Act -
As discussed above, parents have access under separate legislation to
Education records
while the young person is still a pupil (up to 18 in some cases).
In other circumstances, parents have access until the data subject reaches
16
unless they are acting under a power of attorney or similar.
>From 12 to 15, parents have access but you must withhold information that
the young person
has given in confidence in the expectation that it would remain
confidential.
UNLESS YOU DIFFERENTLY...
Allan Yuill
Corporate Services (IT)
Council Offices
2, The Cross
Kilmarnock KA1 1LR
Phone: +(44)1563 57 6836
Fax: +(44)1563 57 6825
Mailto:[log in to unmask]
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