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Statutory Instrument 2000 No. 414The Data Protection (Subject Access Modification) (Education) Order 2000(The document as of February, 2008) STATUTORY INSTRUMENTS2000 No. 414DATA PROTECTIONThe Data Protection (Subject Access Modification) (Education) Order 2000
Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament: Now, therefore, the Secretary of State, in exercise of powers conferred upon him by sections 30(2) and (4) and 67(2) of the Data Protection Act 1998[1], and after consultation with the Data Protection Commissioner in accordance with section 67(3) of the Act, hereby makes the following Order: Citation and commencement 1.This Order may be cited as the Data Protection (Subject Access Modification) (Education) Order 2000 and shall come into force on 1st March 2000. Interpretation 2.In this Order -
Personal data to which the Order applies
(b) to any data which are exempted from section 7 by an order made under section 38(1) of the Act. Exemption from the subject information provisions
(b) the data subject is incapable of managing his own affairs and that person has been appointed by a court to manage those affairs. (4) For the purposes of paragraph (2), "child abuse" includes physical injury (other than accidental injury) to, and physical and emotional neglect, ill-treatment and sexual abuse of, a child.
(b) the data controller shall not communicate information to the data subject pursuant to that section unless the Principal Reporter has informed that data controller that, in his opinion, the exemption specified in article 5(1) does not apply with respect to the information. Further modifications of section 7
(c) the other individual is a relevant person"; (b) section 7(9) shall have effect as if -
(b) any person to whom serious harm to his physical or mental health or condition would be likely to be caused by compliance with any such request in contravention of those provisions, that the data controller in question is about to comply with or has failed to comply with the request in contravention of those provisions, the court may order him not to comply or, as the case may be, to comply with the request."; and
(2) After section 7(ii) of the Act insert -
(b) is employed by an education authority (within the meaning of paragraph 6 of Schedule 11) in pursuance of its functions relating to education and the information relates to him, or he supplied the information in his capacity as such an employee; or (c) is the person making the request.".
(This note is not part of the Order) This Order provides for the partial exemption from the provisions of the Data Protection Act 1998, which confer rights on data subjects to gain access to data held about them, of certain data (education records) where the exercise of those rights would be likely to cause serious harm to the physical or mental health or condition of the data subject or another person, or, in some circumstances, (except in the case of Scotland) would disclose information as to whether the data subject is or has been the subject of or may be at risk of child abuse which disclosure would not be in the best interests of that data subject. The Order does not apply to any data to which the Data Protection (Subject Access Modification) (Health) Order 2000 (S.I. 2000/413) or any order made under section 38(1) of the Act applies (article 3(2)). In the case of court reports in certain proceedings where information in the report may be withheld by the court, there is a complete exemption under article 4 of the Order from both section 7 of the Act and the first data protection principle to the extent to which it requires compliance with paragraph 2 of Part II of Schedule 1 to the Act (which confers obligations on data controllers to give certain information to data subjects relating to data held about them). For other personal data to which the Order applies, there is an exemption from section 7 of the Act only (article 5). Article 7 of the Order also modifies section 7 of the Act so that a data controller cannot refuse access on the grounds that the identity of a third party would be disclosed in cases where the third party is a relevant person (as defined), unless serious harm to that relevant person's physical or mental health or condition is likely to be caused such that the exemption in article 5(1) applies. In the case of data controllers which are education authorities in Scotland who receive certain data from the Principal Reporter, article 6 requires such data controllers to obtain the Principal Reporter's opinion on whether the disclosure of the information might cause serious harm to anyone before responding to any section 7 request. This Order contributes to the implementation of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. A Regulatory Impact Assessment was prepared for the Data Protection Bill as it was then and the statutory instruments to be made under it, and was placed in the libraries of both Houses of Parliament. The Regulatory Impact Assessment is now available on the internet at www.homeoffice.gov.uk. Alternatively, copies can be obtained by post from the Home Office, LGDP Unit, 50 Queen Anne's Gate, London SW1H 9AT. Notes: [1] 1998 c. 29; as respects Wales, the functions of the Secretary of State under section 30 were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, S.I. 1999/672, but are also exercisable by the Secretary of State by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (c. 38) for the purposes set out in that paragraph.back [2] 1994 c. 39.back [3] S.I. 2000/413.back [4] S.I. 1992/2071 as amended by S.I. 1997/2420.back [5] S.R. 1999 No. 7.back [6] S.I. 1997/291 (S. 19).back [7] S.I. 1996/3261 (S. 251).back ISBN 0 11 085992 8 -- Back --
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