Under the Data Protection Act 2018 (DPA) – which now incorporates the General Data Protection Regulation (GDPR) – adults, children have the right to access their data. Alternatively, an adult with parental responsibility may seek to exercise any of their child’s rights under the DPA on their behalf.
From a school’s perspective a key concern is where pupils – or parents on their behalf – exercise the right to access data in problematic circumstances. For example, where a pupil has been expelled on potentially discriminatory grounds, the data obtained as a result of a subject access request (SAR) might later be used against the school.
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