##### Appendix 2

##### The right to have access to information

There are two distinct rights of access to information held by schools about students.

- 1. Under data protection legislation, any individual has the right to make a request to access the personal information held about them.
- 2. The right of those entitled to have access to curricular and educational records as defined within the Education (Pupil Information) (Wales) Regulations 2004.

##### Actioning a request

- 1) Requests for information must be made in writing; which includes email, and be addressed to the Headteacher. If the initial request does not clearly identify the information required, then further enquiries will be made.
- 2) The identity of the person making the request must be established before the disclosure of any information, and checks should also be carried out regarding proof of relationship to the child.

Evidence of identity can be established by requesting production of:

- • •
- • licence • licence
- • bills with the current address • bills with the current address
- • / Marriage certificate • / Marriage certificate
- • •
- • Card or Mortgage statement • Card or Mortgage statement

###### This list is not exhaustive .

- 3) Any individual has the right of access to information held about them. However with children, this is dependent upon their capacity to understand (normally age 12 or above) and the nature of the request. The Headteacher should discuss the request with the child and take their views into account when making a decision. A child with competency to understand can refuse to consent to the request for their records. Where the child is not deemed to be competent, an individual with parental responsibility or guardian shall make the decision on behalf of the child.
- 4) The school may make a charge for the provision of information, dependent upon the following:

• Should the information requested contain the educational record, then the amount charged will be dependant upon the number of pages provided.

- • Should the information requested be personal information that does not include any information contained within educational records, no fee is charged.
- • if the information requested is only the educational record, viewing will be free, but a charge for the cost of photocopying the information can be made by the Headteacher.

5) The response time for subject access requests, once officially received, is one month (not working or school days but calendar days, irrespective of school holiday periods) . However, the one month will not commence until after receipt of fees or clarification of information sought.

If it is deemed that the request is complex or there are numerous requests, the school will inform the person making the request within a month that the request period will be extended and the reasons why. Under such circumstances, an addition of up to two months is permitted to respond to the request.

Clearly, if requests are unfounded or excessive (especially if they are repetitive), the school will charge a reasonable fee for administrative costs or refuse to deal with the request.

6) DPL allows exemptions as to the provision of some information; therefore, all information will be reviewed prior to disclosure.

Polisi Diogelu Data Ysgolion 2018 v1-0 53