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FOI to childs information in national school

  • 04-03-2014 8:11pm
    #1
    Registered Users, Registered Users 2 Posts: 381 ✭✭


    As a parent am I entitled to request access to all records held on my child by their school under FOI?


Comments

  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Probably not,
    but probably under data protection regs
    for a max fee of EUR6.35


  • Registered Users, Registered Users 2 Posts: 381 ✭✭sean72


    Probably not,
    but probably under data protection regs
    for a max fee of EUR6.35

    Sorry Carawaystick I'm not really clear on what you mean?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    Would the Data protection regs include medical files?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,514 Mod ✭✭✭✭byhookorbycrook


    What do you mean by "files?" Standardized test results? School reports?


  • Registered Users, Registered Users 2 Posts: 901 ✭✭✭usernamegoes


    Write to the school requesting copies of all personal data including personal data processed by them. Enclose a postal order for 6.35 euros

    They must reply in 40 days.


  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,514 Mod ✭✭✭✭byhookorbycrook


    But how do you define "personal data?" in primary- do you mean examples of work, copies of attendance stats, test results?


  • Registered Users, Registered Users 2 Posts: 27,002 ✭✭✭✭Peregrinus


    "Data" basically means information which the school holds in its records, either electronic or on paper.

    "Personal data" means data relating to an individual from which that individual can be identified. (So if the school has recorded that, say, there were five absences on Wednesday, that's not personal data since the school has no record of who was absent. But if the school has recorded that little Johnny was absent on Wednesday, that's personal data as far as little Johnny is concerned.)

    As little Johhny's parents, you have a right (a) to be told whether the data controller (i.e. the school) is holding personal data about little Johnny, and (b) to be told what type of data they are holding, why they hold it and whom they may disclose it to, and (c) the information which is contained in the data that relates to little Johnny. Having a right to be given the information that is contained in the data means that you can be told, e.g., that the data shows that little Johnny was absent on Wednesday, but you don't have a right to inspect the attendance book yourself.

    There are some exceptions. Expressions of opinion given in confidence to the data controller, for example, do not have to be disclosed, if the person who gave the opinion objects. Privileged legal advice doesn't have to be disclosed. Etc. There's a few exceptions, and we can't tell you whether one of them might cover the information you are interested in unless you are as specific as you can be about the information you are interested in. You mention "medical files", but I don't see why a primary school would usually hold any medical files. If the school is holding medical data, then there are some relevant exceptions - in particular, a data controller who is not a health professional should't disclose medical data without first talking to a relevant health professional, and the data may be withheld if disclosing it might injure the physical or mental health of the subject.


  • Closed Accounts Posts: 666 ✭✭✭teacherhead


    The only medical information that a school might have would be that which was supplied by a parent or guardian.

    I would imagine that the doctor or hospital would be the first port of call for medical information.


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 666 ✭✭✭teacherhead


    All those sick notes must be on file somewhere within the school. Also where the school is involved in vaccination programmes.

    I can't see schools being too keen to comply with such requests.

    sick notes from a parent, vaccinations authorised by parents. No records in the school all HSE.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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