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July 23, 2014 By Lesley Gordon

Access to Pupil Records

The interface between Data Protection and the legitimate access to educational records of school children is worthy of note as problems often arise in practice.


Pupils Educational RecordsBBC Scotland reported this week that an investigation has been launched after sensitive files about teenagers were left strewn around a special school when it closed last month. The special school in Penicuik closed its doors at the end of last term because of dwindling numbers. However, staff apparently left behind educational and social work records of many of the pupils. The residential school, which taught 13 to 16 year old boys, had been secured against trespassers. However, the documents had not been locked away or stored elsewhere. The Office of the Information Commissioner will undoubtedly be looking at the circumstances of this potential breach of the Data Protection Act 1998 (DPA).

The interface between data protection and the legitimate access to the educational records of school children is worthy of note as problems arise surprisingly frequently in practice. The position was thought to be unclear after the DPA came into force and consequently new legislation was brought in to clarify that. There are two distinct rights in respect of pupils’ records.

  • the pupil’s right of subject access under the DPA; and
  • the parent’s right of access to their child’s ‘educational record’

Under The Pupils’ Educational Records (Scotland) Regulations 2003, the basic rule is that parents are entitled to apply for disclosure of their children’s educational records. The term parent is widely defined and includes anyone caring for a child (even temporarily), anyone with parental rights or a duty to maintain a child. For the avoidance of doubt this will include a divorced parent even if the child is not mainly resident with them.

Such a request should be made in writing to the school or education authority. The education authority can refuse to comply only if the disclosure would cause significant distress or harm to the child or any other person.

It is sensible for any parent leaving the family home as a result of a separation to make a written application to the children’s school so that information about the children’s education including details of parents’ nights and other events are known.

Exam results

Parents should note that the normal time limit for responding to a subject access request under the DPA within 40 days, does not apply to examination results. The time limit in respect of examination results and markers comments is 5 months or 40 days from the date of exam results being issued, this is to prevent use of the DPA to obtain information about exam results prior to their official release.

Biometric Data

The use of biometric data for control of access to schools, for cashless catering and for library access is becoming increasingly common. This usually involves the use of a software system that takes a partial fingerprint from the pupil and stores it against their personal data. The Protection of Freedoms Act 2012 came into effect on 1 September 2013. This legislation made it necessary for schools to obtain informed consent from parents in respect of the use of biometric data for children under the age of 18. Parents and children of any age can withhold consent of biometric data. Schools are obliged to provide an alternative means of confirming the identity of pupils for whom consent has not been obtained.

Lindsay Urquhart & Lesley Gordon

 

This blog post is co-written
by Lesley Gordon (right)
and Lindsay Urquhart (left).

 

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Filed Under: Children and Family, Parental Responsibilities and Rights Tagged With: access to exam results, Access to Pupil Records, Biometric Data, Data Protection, DPA, Educational Records

Lesley Gordon

Lesley is a Partner at BTO Solicitors LLP. Accredited as a Specialist in Family Law by the Law Society of Scotland, Experienced Collaborative Practitioner, and Accredited Family Law Arbitrator. Read Lesley's professional biography

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You have smoothed the pathway with your efficiency

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Forever I will be grateful…

Marjory, forever I will be grateful and thankful to you for all the hard work you did for me and my family. Thank you very much again and again. I am so very blessed in life that I found a lovely understanding person like you. Not many lawyers would say go and have a cup… Read more “Forever I will be grateful…”

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I certainly feel like a weight has been lifted off my shoulders

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Wonderful job

I would like to thank you Lesley again for the wonderful job you and your team did for me at a very difficult time in my life.

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Help during this extremely difficult time

Debbie, I would just like to thank you for your help during this extremely difficult time. I really appreciate it.

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Guiding me through a difficult time

Lesley, I would like to take this opportunity to thank you for your professionalism. Guiding me through a difficult time, also your understanding and empathy as to my personal situation. I would not hesitate in recommending your services to others.

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Hi Marjory, my daughter and her son are doing great. Everything seems to have calmed down. She and her husband finished the mediation process after a couple of visits as they both felt they had to step up to the mark for their son’s sake not for personal reasons. Once again thanks for all the… Read more “Thanks for all the expert guidance through a trying situation”

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Debbie, I would like to express my sincere gratitude for the highly professional and excellent services I received from yourself and your team.

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Thank you so so much Amanda. Actually there’s no words to thank you. I feel great. After all these years I’m finally free. Thank you.

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I would like to thank my exceptional Scottish team

My dear legal team! I have been writing this letter of thanks in my head since about two months ago, and didn’t know it would take a bit longer than expected to actually be able to express my deep gratitude to you ALL for winning this tough and enduring process for me……I would like to… Read more “I would like to thank my exceptional Scottish team”

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I will definitely recommend you…

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Their service and support has been excellent

After quite a complex case, I can say that their service and support has been excellent.

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Always appreciated being able to rely fully on you and the team

Amanda and Lesley, thank you to you both for all your help, now and during last year, and, as I said before, I have always appreciated being able to rely fully on you and the team at all times. Obviously, a very sad time for me but I am relieved that it is at an… Read more “Always appreciated being able to rely fully on you and the team”

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I am eternally grateful

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I came out of your offices feeling great!

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I won’t hesitate to put them in touch with you

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I would recommend you to anyone

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An Excellent Lawyer…

Beverley thanks for all your assistance with everything. It’s much appreciated and rest assured should I ever need an excellent lawyer in the future you will be the first to be called.

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I have come out of the process a much stronger person

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Thanks Marjory, it’s all starting to come together.. thanks to you…:)

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