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DATA-PROTECTION  January 2007

DATA-PROTECTION January 2007

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Subject:

Re: Pupil Access to Education Records

From:

Paul Ticher <[log in to unmask]>

Reply-To:

Paul Ticher <[log in to unmask]>

Date:

Wed, 17 Jan 2007 15:56:54 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (107 lines)

As I understand it, you are correct in distinguishing between the pupil's 
right of access under the DPA and the parents' rights under the Pupil 
Information Regulations.  However, there are inevitably complicating 
factors.

Firstly, I believe the current Regulations are SI 2005 No. 1437 (not 2002).

One clear source of confusion is that parents may very well be entitled to 
make DPA subject access applications on behalf of children who are too young 
to apply in their own right.  It's hard to see why they would, because of 
the fee difference, but a DPA application could conceivably result in subtly 
different information being provided, if the school, for example, holds 
information about the child which is not within the definition of an 
educational record.  A DPA application could also, I suppose, be made by an 
adult other than the parent acting on behalf of the child.

You also need to look at:   The Data Protection (Subject Access) (Fees and 
Miscellaneous Provisions) Regulations 2000 (No. 191)

(This link takes you to the Statute Law Database - the best thing to come 
out of government for years.)

In the Regulations, s.5 says that a DPA access request from the Data Subject 
(i.e. the child or someone acting on their behalf) for material which 
qualifies as an educational record is subject to a 15-day time limit in 
England and Wales, while the Schedule to the Regulations sets the maximum 
fee for DPA access to educational records at 50, on a sliding scale 
depending on the number of pages.

Sorry if this makes life more complicated.

Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB

I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.


----- Original Message ----- 
From: "Catherine Lantsbery" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, January 17, 2007 1:31 PM
Subject: Pupil Access to Education Records


Dear All I have an issue with pupil access to their education records. 
Generally we have been applying the DPA (i.e. 40 days to comply 10 fee) 
however on looking at IC guidance 
(http://www.ico.gov.uk/upload/documents/library/data_protection/practical_a 
pplication/subject_access_- 
_right_of_access_to_education_records_in_england.pdf) it states that 15 days 
is the required time and that the sliding scale for fees will apply. I am 
presuming that the different fees and time scale relate to those included in 
the Education (Pupil Information) (England) Regs 2000. However having looked 
at the regs under regulation 5 it is the parent only who has a right of 
access to the Educational Records of their child (the 15 days and fees scale 
will apply along with proof of parental identity etc). This would mean that 
the child does not have a general right of access under the pupil regs but 
under the DPA therefore 40 days and 10 would apply. Can anyone shed any 
light on this as my main concern is that we may be applying the incorrect 
deadline (currently pupils 40 days, parents 15 days)
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