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Indeed, while a person with parental responsibility will generally be entitled to make a subject
access request on behalf of younger pupils, the law still considers the information in question
to be the child’s. For older pupils, the parent making the request may need to evidence their
child's authority for the specific request. Requests not considered in the child’s best interests
may sometimes be refused.
Pupils at King Edward’s Senior School are generally assumed to have this level of maturity,
although this will depend on both the child and the personal data requested, including any
relevant circumstances at home. Children in the Junior School may however be sufficiently
mature to have a say in this decision, depending on the child and the circumstances.
All information requests from, or on behalf of, pupils – whether made under subject access or
simply as an incidental request – will therefore be considered on a case by case basis.
Parental Requests
It should be clearly understood that the rules on subject access are not the sole basis on which
information requests are handled. Parents may not have a statutory right to information, but
they and others will often have a legitimate interest or expectation in receiving certain
information about pupils without their consent. The School may consider there are lawful
grounds for sharing with or without reference to that pupil.
Parents will in general receive educational and pastoral updates about their children, in
accordance with the Parent Contract. Where parents are separated, the School will in most
cases aim to provide the same information to each person with parental responsibility, but may
need to factor in all the circumstances including the express wishes of the child, court orders
or pastoral issues.
All information requests from, on behalf of, or concerning pupils – whether made under subject
access or simply as an incidental request – will therefore be considered on a case by case basis.
Whose Rights
The rights under Data Protection Law belong to the individual to whom the data relates.
However, the School will often rely on parental authority or notice for the necessary ways it
processes personal data relating to pupils – for example, under the parent contract, or via a
form. Parents and pupils should be aware that this is not necessarily the same as the School
relying on strict consent (see section on Consent above).
Where consent is required, it may in some cases be necessary or appropriate – given the nature
of the processing in question, and the pupil's age and understanding – to seek the pupil's
consent. Parents should be aware that in such situations they may not be consulted, depending
on the interests of the child, the parents’ rights at law or under their contract, and all the
circumstances.
In general, the School will assume that pupils’ consent is not required for ordinary disclosure
of their personal data to their parents, e.g. for the purposes of keeping parents informed about
the pupil's activities, progress and behaviour, and in the interests of the pupil's welfare. That is
unless, in the School's opinion, there is a good reason to do otherwise.
However, where a pupil seeks to raise concerns confidentially with a member of staff and
expressly withholds their agreement to their personal data being disclosed to their parents, the
School may be under an obligation to maintain confidentiality unless, in the School's opinion,
there is a good reason to do otherwise; for example, where the School believes disclosure will