I wonder if I could run this past the group...
We're a College with a student progress tracking system. There is a parental access module that allows parents to view a limited (but still 'personal') subset of the data relating to assessment results and progress of their offspring.
I was asked about the DP implications and came to the following conclusions
"The data subject (the student) will be required to give consent before a parent may access their records since there is no exclusion by which we could disclose this data to a third party (the parent) without it. This applies to any student over the age of 12 (the age by which the ICO says a child becomes independent).
Note that in a school environment (only) the Education (Pupil Information) (England) Regulations 2005 come into play which give a parent the right of access whilst the child is in school.
If a student is sent to us from school then we will likely be in a data-processor arrangement for the personal data (educational record) held by the school. If a parent wants access to that data then it must be made through the school and we must not disclose the data directly.
Consent, in DP terms, must be freely given, informed and specific so no default-allow tick boxes."
Anyone have any comments on whether this is accurate?
Thank you :-)
Jon
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