Thank you for the info - I'd totally missed that the Pupil Information regs are entirely targeted at schools.
How about in the situation that the College is involved in a contract with the school to provide a service to the students? I would guess that we will be in a data-processor relationship with the school who would provide part of the student record to us and any parental access would need to be made through the school.
Best wishes,
Jon
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jackie Milne
Sent: 13 August 2010 15:57
To: [log in to unmask]
Subject: Re: [data-protection] Parental access to student records
In general terms, The Data Protection Act 1998 (DPA) does not institute a particular age limit at which a child can exercise their rights under the DPA. The Information Commissioner states that a child of 12 years or over is likely to be mature enough to understand their rights to make a subject access request, for example. This information is available at: http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/technical_guidance_note_access_to_pupils_information_held_by_schools_in_england.pdf.
There is specific legislation (‘Education (Pupil Information) (England) Regulations 2005’) which allows parent access to school records. However, this relates to schools (not colleges) and is for access to education records only. http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/technical_guidance_note_access_to_pupils_information_held_by_schools_in_england.pdf.
Even where an individual is considered a "child", they still have rights regarding their personal information. That information belongs to them, not their parent/guardian. In disclosing that information to a third party (parent/guardian) the college will probably therefore require the learners' agreement, unless the college believes the individual lacks the maturity or understanding to be able to issue consent, or the college can justify that processing as 'necessary'. Agreement is generally achieved by way of providing a fair processing information notice.
A college may also wish to consider having a policy in place that states in what circumstances learner information will be accessible to parents.
Jackie.
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