There isn't just a data protection issue here. One has to consider the circumstance in which information was given
by the "child" about someone else. Whilst the parent may request information under a SAR, there is also the common
law duty of confidentiality to consdier, although Sec. 7(4) is probably relevant in the DPA - as mentioned by
Donald.
Consideration also needs to be given to the child's ability to understand what they are doing... and then we set
off down that slippery slope!
I think your example is interesting "my mum/dad is an alcoholic" add to that "and beats me" then releasing the
information may put the child in danger, so all things considered I would be inclined to err towards 7(4). I would
be very interested to hear others opinions though as I suspect this is not a heads or tails type solution.
Regards,
Simon Howarth.
Quoting Donald Henderson <[log in to unmask]>:
> Sarah,
>
> If the information is relevant then of course it should be recorded on
> the form.
>
> Since the form is personal data about the young person, then the parent
> / carer only has a right of access to information about themselves when
> you take account of the third party conditions in section 7.
>
> Regards
>
> Donald Henderson
> Information Compliance Manager
> Perth & Kinross Council
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Priestley Sarah
> Sent: 02 September 2008 13:27
> To: [log in to unmask]
> Subject: [data-protection] Common Assessment Form
>
> I've been asked this question from one of our children's teams:
>
> If a Young Person under 16 has consented to a CAF and their
> parents/carers are not involved in the assessment process (i.e. they
> want to do it confidentially) and the young person provides information
> about their parent/carer (i.e. I think my mum/dad is an alcoholic) can
> these details be recorded on the CAF and do the parents/carers have a
> right to see the information on there if they request it?
>
> On first look, the answer seems quite obvious to me, but I wanted to
> throw it to you guys for your opinions!
>
> Thanks
>
> Sarah Priestley
> Information Governance Officer
> Audit, Scrutiny and Information Governance
>
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