Chapter 31 — Privacy and data protection: advanced cases
Lesson map
Lesson 31 published. Map, example, EX091.
flowchart TD
N0["Learning outcomes"]
N1["31.1 Separated parents"]
N2["31.2 Pupil's own request"]
N3["31.3 Police request"]
N4["31.4 Documenting contested decisions"]
N5["Synthesis"]
N0 --> N1 --> N2 --> N3 --> N4 --> N5
N5 --> EX["Worked example"]
EX --> Q["Exercise EX091"]
Logical drawing
flowchart LR
N0["Learning outcomes"]
N1["31.1 Separated parents"]
N2["31.2 Pupil's own request"]
N3["31.3 Police request"]
N4["31.4 Documenting contested decisions"]
N5["Synthesis"]
N0 --> N1 --> N2 --> N3 --> N4 --> N5 --> Q["EX091"]
[Learning outcomes]
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v
[31.1 Separated parents]
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v
[31.2 Pupil's own request]
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v
[31.3 Police request]
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v
[31.4 Documenting contested decisions]
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v
[Synthesis]
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v
[Worked example] --> [Exercise EX091]
Learning outcomes
You will (1) analyse difficult cases involving children's data; (2) weigh competing rights; (3) document reasoning for contested decisions.
31.1 Separated parents
A father who does not live with his child asks for the child's school records. The mother objects. Elena studies the case with the data protection lead. Parental rights to educational information may come from education law, while access to personal data comes from data protection law. A court order may restrict one parent's access. She learns that such cases need careful checks of legal status and that the child's safety must be considered, especially where there are safeguarding concerns about one parent.
31.2 Pupil's own request
A fourteen-year-old pupil asks to see what the school holds about her, without telling her parents. Elena learns that children can exercise their own rights when they understand them, and that the school should usually respond to the child directly. EDPB Guidelines 01/2022 address requests by and on behalf of children. The case shows that children are rights-holders in their own name, not only through their parents. A fourteen-year-old can usually exercise the right of access herself, depending on maturity. Her parents are informed.
31.3 Police request
Police ask a school for a pupil's attendance records in an investigation. Elena learns that disclosure to authorities may be lawful under specific provisions but must be checked: the request should be in writing, state the purpose and the legal basis, and be limited to what is necessary. The data protection lead decides, documents the decision and discloses only the attendance dates requested. She notes that urgency does not remove the need for a record of what was shared and why. A record is kept.
31.4 Documenting contested decisions
In each case Elena helps write a decision record: facts, legal basis, rights considered, decision and reviewer. She explains that contested decisions may be challenged later by a parent, a regulator or a court, and that a clear record shows the trust acted carefully. Dr. Asante notes that good records protect children and staff alike, because they show that decisions were made thoughtfully rather than under pressure. Each record names the decision, the reasons and who agreed it. Records are kept for review.
Worked example
Elena works through a separated parent's request, a pupil's own access request and a police request, and writes decision records for each contested case.
Synthetic case. Cases are synthetic; EDPB Guidelines 01/2022 are real.
Errors and limits
Family and police disclosure rules vary by jurisdiction; always confirm local law.
Exercises
- EX091 — Pupil requester. How should the school respond to a mature pupil's own access request? Rubric: 3 = usually directly to the pupil, as a rights-holder;; 2 = mentions pupil;; 1 = parents only;; 0 = none.
- EX092 — Police checks. What should a police request include before disclosure? Rubric: 3 = written request with purpose and legal basis, limited to necessary data;; 2 = two;; 1 = disclose all;; 0 = none.
- EX093 — Decision records. Why keep decision records for contested cases? Rubric: 3 = decisions may be challenged later and records show careful reasoning;; 2 = mentions challenge;; 1 = optional;; 0 = none.
Synthesis
Chapter 31 handles hard cases. Chapter 32 explores interdisciplinary interfaces.
Continue studying — chapter 31 of 40
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