Data Protection (Subject Access Modification – Education) (Jersey) Regulations 2005

Revised Edition

15.240.55

Showing the law as at 1 January 2006

This is a revised edition of the law




Data Protection (Subject Access Modification – Education) (Jersey) Regulations 2005

THE STATES, in pursuance of Articles 30(2) and 67 of the Data Protection (Jersey) Law 2005[1], have made the following Regulations –

Commencement [see endnotes]

1        Interpretation

In these Regulations –

“educational record” means a record of information that –

(a)     is processed by or on behalf of the proprietor of, or a teacher at, a school;

(b)     relates to a person who is or has been a pupil at the school; and

(c)     originated from or was supplied by or on behalf of any of the following –

(i)      a teacher or other employee at the school;

(ii)      a person engaged by the proprietor of the school under a contract for the provision of educational services;

(iii)     the pupil to whom the record relates;

(iv)     a parent of that pupil;

“Law” means the Data Protection (Jersey) Law 2005[2];

“parent” in relation to a pupil, includes a guardian and every person who has actual custody of the pupil.

2        Personal data to which Regulations do not apply

These Regulations do not apply to –

(a)     personal data that consist of information as to the physical or mental health or condition of the data subject and to which the Data Protection (Subject Access Modification – Health) (Jersey) Regulations 2005[3] apply; or

(b)     personal data exempted from Article 7 of the Law by Regulations under Article 38(1) of the Law.

3        Data processed by court exempt from subject information provisions

(1)     Subject to Regulation 2, personal data are exempt from the subject information provisions if the data are processed by a court and consist of information that constitutes an educational record and that –

(a)     is supplied in a report or other evidence given to the court in the course of proceedings relating to families or children; and

(b)     the court directs should be withheld from the data subject on the ground that it appears –

(i)      to be impracticable to disclose the report or other evidence having regard to the data subject’s age and understanding; or

(ii)      to be undesirable to disclose the report or other evidence having regard to the serious harm that might thereby be suffered by the data subject.

(2)     For the purposes of this Article, “proceedings relating to families or children” includes proceedings relating to adoption, matrimonial matters or guardianship.

4        Exemption from Article 7 if harm likely to any person

Subject to Regulation 2, personal data consisting of information constituting an educational record are exempt from Article 7 of the Law in any case to the extent to which the application of that Article would be likely to cause serious harm to the physical or mental health or condition of the data subject or any other person.

5        Exemption from Article 7 if person looks after data subject

(1)     Subject to Regulation 2, in a case where a defined person is enabled by or under any enactment or rule of law to make a request under Article 7 of the Law on behalf of a data subject and has made such a request, personal data specified in paragraph (2) are exempt from Article 7 of the Law to the extent to which the application of that Article would not be in the interests of the data subject.

(2)     The personal data is personal data consisting of information constituting an educational record and being information whether the data subject, when a child, is or has been the subject of or may be at risk of abuse.

(3)     For the purposes of this Regulation –

“abuse” in respect of a person when that person is a child –

(a)     includes physical injury to, and physical neglect, emotional neglect, ill-treatment, and sexual abuse, of the person;

(b)     does not include accidental injury;

“defined person” means a person who –

(a)     has parental responsibility for a child who is the data subject; or

(b)     has been appointed by a court to manage the affairs of a person who is the data subject and incapable of managing his or her own affairs.

6        Modifications of Article 7

Subject to Regulation 2, in relation to personal data consisting of information constituting an educational record –

(a)     Article 7(7) of the Law shall have effect as if the following word and sub-paragraph were inserted at the end of that paragraph –

“; or

(c)     the other individual is a relevant person.”;

(b)     Article 7(12) of the Law shall have effect as if it read as follows –

“(12)  If a court is satisfied on the application of –

(a)     a person who has made a request under the other provisions of this Article; or

(b)     a person who would be likely to suffer serious harm to his or her physical or mental health or condition because of compliance with a request made under those provisions, being compliance in contravention of those provisions,

that the relevant data controller has failed to comply with or is about to comply with the request, being failure or compliance in contravention of those provisions, the court may order the data controller to comply or, as the case may be, not to comply with the request.

(12A) A person is a relevant person for the purposes of paragraph (7)(c) if he or she –

(a)     is a teacher or other employee at a school;

(b)     is engaged by the proprietor of a school or working at a school under a contract for the provision of educational services;

(c)     being a person to whom the information in question relates or who supplied the information in question in his or her capacity as a person employed by the States in the performance of functions relating to education, is a person so employed in the performance of such functions; or

(d)     is the person making the request.”.

7        Citation

These Regulations may be cited as the Data Protection (Subject Access Modification – Education) (Jersey) Regulations 2005.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Data Protection (Subject Access Modification – Education) (Jersey) Regulations 2005

R&O.143/2005

1 December 2005

Table of Renumbered Provisions

Original

Current

None

 

Table of Endnote References



[1]                                    chapter 15.240

[2]                                    chapter 15.240

[3]                                    chapter 15.240.60


Page Last Updated: 03 Apr 2018