The Further Education Student Records (Scotland) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations require education authorities to give “appropriate persons” access to personal information in records held by them relating to further education students, past and present, and requires them on request by such persons to correct any such information which is inaccurate. They provide also for certain exemptions from these requirements.

The “appropriate persons” who are to be given access to the information on request, and who may request correction of it, are–

(a) the student himself, where he is at least 16 years old, or where he is under 16 and a parent or guardian has consented to his request;

(b) a parent or guardian of the student, where the student is under 18, or where the student is not capable of understanding the information.

Regulation 3 defines the information to which the Regulations apply. It excludes information held on computer, access to which is governed by the Data Protection Act 1984. The Regulations do not apply to information in records compiled before they come into force, except so far as access to such information is needed to make intelligible information recorded after the Regulations come into force.

Regulation 4 imposes the obligation to give access to information, where an appropriate person applies in writing and supplies information sufficient to establish that he is an appropriate person and to locate the information requested. Regulation 4 also lays down the time limits within which the education authority must give access to information.

Regulation 5 provides for circumstances where information is exempt from access.

Regulation 6 provides that, subject to certain exceptions, information which reveals the identity of a third party as a subject or source of the information should not be disclosed without the third party’s consent. It obliges the education authority to seek such consent if the third party can be found.

Regulation 7 makes particular provision for information which has originated from a health professional, that is a medical practitioner, dentist or member of one of the other health professions listed in the Schedule to the Regulations. Such information is not to be disclosed unless the opinion of the Health Board (where the information came from a health board employee) or an appropriate health professional (in any other case) has been obtained for the purpose of determining whether the information would be likely to cause serious harm to a person’s health, so as to be exempt from disclosure under regulation 5(1)(f), or would be likely to disclose a third party’s identity, so that consent is required under regulation 6. The education authority is obliged to seek such an opinion. Where such an opinion is obtained the education authority must comply with it.

Regulation 8 makes particular provision for information which has been requested from the Reporter to a Children’s Panel. Such information is not to be disclosed unless the opinion of the Reporter has been obtained for the purpose of determining whether the information would be likely to cause serious harm to a person’s health, so as to be exempt from disclosure under regulation 5(1)(f), or would be likely to prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, so as to be exempt from disclosure under regulation 5(1)(g), or would be likely to disclose a third party’s identity, so that consent is required under regulation 6. The education authority is obliged to seek such an opinion. Where such an opinion is obtained the education authority must comply with it.

Regulation 9 extends in certain circumstances the time limits for giving access to information relating to examinations.

Regulation 10 provides for the correction on request of inaccurate information.

Regulation 11 provides for review of decisions refusing access to information, or refusing to correct information, where the person who requested access or correction requests a review. The review is to be conducted by a sub-committee of the education authority, none of whose members took part in the original decisions.