Q&As

If both parents have parental responsibility, is an agency connected with the child obliged to provide information about the child on the request of a parent? Are there any circumstances in which an agency can refuse to provide that information (for example if there is a child protection or domestic abuse concern)?

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Produced in partnership with Mark Calway of St Philips Chambers
Published on: 03 May 2016
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The rights of individuals to access their personal data and the data held on others (including children) and the duties of those who hold the information to provide it are set out in sections 7–9A of the Data Protection Act 1998 (DPA 1998).

The Information Commissioner, whose role it is to uphold information rights in the public interest, has issued a code of practice under section 51 of the DPA 1998 (Subject Access code of practice - Dealing with requests from individuals for personal information) as part of his duty to promote good practice. The DPA 1998 says good practice includes, but is not limited to, compliance with the Act.

Information held about a child (however old they are and whatever level of understanding

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Jurisdiction(s):
United Kingdom
Key definition:
Parental responsibility definition
What does Parental responsibility mean?

All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

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