Access to my child’s school records. GDPR

[HsD2975]

Today I have requested copies of my sons school records. I have asked for a copy of his school file, copies of written statements he has given during the school year, and copies of information exchanged about him by staff.

They have not said an outright no, but we’re uncertain that I am entitled to have access to.

I am curious if any body with school experience can advise. I thought the new GDPR that came into place last month would mean I have more rights to this information than before 25th May?

You need to ask for their retention policy, they have one month to gather data and respond.

Why do I ask about the retention policy? I want records from September 2018, so would a retention policy apply?

You are making a subject access request which you are entitled to do on behalf of your son if he's not yet competent to make the request himself. They need to provide the information within one month. They can't charge a fee for doing so. They may, however, censor documents which contain personal information of a third party as the would be a breach of that third party's data rights. I guess that might be an issue here if the documents are about bullying and therefore involve information about other children?

Freedom of Information Act?

FoI isn't relevant to personal data, it's the DPA and GDPR.

Do you mean Sept 2017, OP?

I got my daughter's school records when she was 14 without too much of a tussle. A teacher had fibbed about contacting me; and yes it did matter in the circumstances (long story).

Yes they have 1 month to comply.

Yes they mentioned that they didn’t think I could have his statements because he had named other children’s name and these would need to be blanked out. I told them I will accept the blanked out name copies.

They said I can’t have access to email information where teachers have exchanged information regarding him. I thought same rules would apply due to GDPR coming into affect. As long as they retract information relating to other pupils (or in fact teachers who sent/received emails) that I am entitled to request this information?

Sorry yes I meant 2017. He is only in Year 7 so information from September 2017 to current date.

In respect of your last question I would have thought yes, even prior to GDPR

Yes, it should include their emails.

And as newdaylight says, that’s not new.

They can ask for an extension. You can ask for every document/email in which his name is mentioned. Though this will be extremely hard to do and would definitely lead to a request for an extension.

So I’m entitled to emails where information regarding my child is discussed?

So if they refuse to give me this information, what do I then do?

Threaten to report them to the ICO!

If they refuse, you can open a case with the Information Commissioner's Office and ask for an 'assessment' (in ICO-speak).

They have one calendar month to either give you everything (and that includes emails) or to let you know that they're seeking an extension and the reason why, eg there's so much information they need more time to gather it and will need another month.

If they just refuse to provide any information then you have to complain first to the school and then the ICO.

If your son is 13 or older they may say that it's up to him to ask for his personal data, in which case he just asks for it.

They may hand you heavily redacted documents as they have to remove every directly or indirectly identifiable bit of data about a third party, but they cannot just refuse the request.

He is 12 years. He does not have the maturity to request this information at this stage of his school life.

I did think that as his legal guardian I was entitled to request this data.

Thank you to all who have taken the time to reply with information and advice.

You are entitled to any data about you and your son on whatever medium it is held.

Sorry, wasn't clear, their retention policy is on information they should retain but as you've mentioned it's just for this year so less relevant.
There may be a charge but only for photocopy costs cannot be for anything else (e.g. Admin time)