PART 7Supplementary and final provision
General
208Children in Scotland
1
Subsections (2) and (3) apply where a question falls to be determined in Scotland as to the legal capacity of a person aged under 16 to—
a
exercise a right conferred by the data protection legislation, or
b
give consent for the purposes of the data protection legislation.
2
The person is to be taken to have that capacity where the person has a general understanding of what it means to exercise the right or give such consent.
3
A person aged 12 or over is to be presumed to be of sufficient age and maturity to have such understanding, unless the contrary is shown.