Data Protection Act 1998 (c. 29)

SCHEDULES

SCHEDULE 11 U.K. Educational records

England and Wales U.K.

2 U.K. This paragraph applies to any record of information which—

(a) is processed by or on behalf of the governing body of, or a teacher at, any school in England and Wales specified in paragraph 3,

(b) relates to any 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 persons specified in paragraph 4,

other than information which is processed by a teacher solely for the teacher’s own use.

3 U.K. The schools referred to in paragraph 2(a) are—

(a) a school maintained by a [F1 local authority], and

(b) a special school, as defined by section 6(2) of the M1 Education Act 1996, which is not so maintained.

Textual Amendments

F1 Words in Sch. 11 para. 3 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 42(2)

Marginal Citations

M1 1996 c. 56.

4 U.K. The persons referred to in paragraph 2(c) are—

(a) an employee of the [F2 local authority] which maintains the school,

(b) in the case of—

(i) a voluntary aided, foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998), or

(ii) a special school which is not maintained by a [F2 local authority],

a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services),

(c) the pupil to whom the record relates, and

(d) a parent, as defined by section 576(1) of the Education Act 1996, of that pupil.

Textual Amendments

F2 Words in Sch. 11 para. 4 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 42(2)

[F3 4A U.K. In paragraphs 3 and 4 “local authority” has the meaning given by section 579(1) of the Education Act 1996.]

Textual Amendments

F3 Sch. 11 para. 4A inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 42(3)