Not only that but is it in Scotland where the legal age for consent is
12 years of age (and doesn't the UK use this as a benchmark when
assessing similar requests from young people), on the condition that it
can be demonstrated that the data subject fully understands what they
are consenting to and the implications of this?
Trish Bailey (MSc)
Telford & Wrekin Council
Information Governance
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of chris pounder
Sent: 07 January 2009 14:26
To: [log in to unmask]
Subject: Education Act V Data Protection Act
Hey guys - too much indulgence in festivities has blurred the thought
processes.
Aren't over 16s data subjects in their own right capable of making their
own
mind up!!
Chris
P.S. I have been told by one reliable colleague on the NHS Rumour Mill
that
word has down that Gillick Competence is now Fraser Competence or
Fraser/Gillick Competence. Has anyone a reference to this change.
Evidently
Ms. Gillick has taken offence that her name is always used in assessing
competence way
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Blewitt, David
Sent: 07 January 2009 12:09
To: [log in to unmask]
Subject: Re: [data-protection] Education Act V Data Protection Act
Interesting Question. Don't think government has really thought the
issues
out properly.
Would suggest data processing approach should be governed by how the DPA
requires the respective registered data controller's organisation to
behave.
As an FE college with students who are younger than 16, we do treat them
as
any other FE student and not as a school child. (There is no age limit
specified in the DPA).
Unless someone knows differently?
David Blewitt
TMC
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Helen Bartram
Sent: 07 January 2009 11:51
To: [log in to unmask]
Subject: Re: [data-protection] Education Act V Data Protection Act
Where do FE colleges stand when they have under 16's provision. We have
both learners who have been excluded from schools and learners who come
on
set vocational programmes?
Regards
Helen Bartram
Data Services Manager
Hull College
Queen's Gardens
HULL
HU1 3DG
Tel: 01482 598977
Fax 01482 598867
Internal Ext 2977
Email [log in to unmask]
>>> Peter Burgess <[log in to unmask]> 01/07/09 11:45 AM >>>
Sorry to contradict you Tim, but the Education (Pupil Information) regs
definitely do not apply to FE and HE institutions. They only apply to
schools under local authority control.
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From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 07 January 2009 10:52
To: [log in to unmask]
Subject: Re: [data-protection] Education Act V Data Protection Act
The parent has a right to the information under the The Education (Pupil
Information) (England) Regulations 2005. I think that's what's what you
need.
Cheers
Tim Turner
Wigan Council
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Casillas, Mojgan
Sent: Wed 07 January 2009 10:48
To: [log in to unmask]
Subject: [data-protection] Education Act V Data Protection Act
Hi all,
Sorry to bring this up again but I really could do with some advice from
the
group, especially if you are in FE or HE. We get numerous requests from
parents asking for their children's progression and achievements, and
sometimes for qualifications. I know I can release the information
under DP
with consent. I also know under the education act parents can have
access
to student's records, but I can't find the sections within the act or
I'm
not looking in the right place.
Any words or wisdom will be appreciated.
Thanks for your help
Mojgan
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