§ Mr. Chris Smithasked the Secretary of State for Scotland what arrangements are made by local authorities in Scotland to allow individuals to have access to social services records about themselves; what guidance he has issued on this matter; whether he proposes to take any steps to encourage them to allow greater access to information held on automated and non-automated records; and whether he will make a statement.
§ Mr. John MacKayInformation about access to social work records maintained by local authorities in Scotland is not held centrally. My Department is undertaking consultations on the question of client access, and meantime no formal guidance has been issued. The Data Protection Bill will, of course, create a general entitlement to access by individuals to automated personal records held on them when it comes into operation, but this right 127W is to be subject to modification by order of the Secretary of State in cases where its application could prejudice the carrying out of social work.
§ Mr. Chris Smithasked the Secretary of State for Scotland what arrangements are made by local education authorities in Scotland for allowing parents access to their children's school records; what guidance he has issued to them on this matter; whether he proposes to take any steps to encourage them to allow greater access to information held on automated and non-automated records; and whether he will make a statement.
Mr. Allan Stewart: The Data Protection Bill will, of course, create a general entitlement to access by individuals to automated personal records held on them when it comes into operation. Parents will have a common law right of access to such records on behalf of their children where the children are not of an age to exercise for themselves the right provided by the Bill.
In terms of the Schools General (Scotland) Regulations 1975 schools are required to keep a progress record for each pupil. Access to the contents of the statutory pupil's progress record may be given only with the agreement of the education authority or of my right hon. Friend the Secretary of State for Scotland. Guidance given to authorities in 1970 emphasised the strict confidentiality of the record, but I understand that authorities generally accede to the few requests which they receive from parents for access to their child's record.
In addition, schools may record a variety of other information about pupils for assessment and other purposes.
§ Mr. Chris Smithasked the Secretary of State for Scotland what arrangements are made by institutions of higher education in Scotland for allowing students to have access to their own examination results and to other academic or personal assessments about themselves; what guidance he has issued on this matter; whether he proposes to take any steps to encourage them to allow greater access both to automated and non-automated records; and whether he will make a statement.
§ Mr. Allan StewartThe arrangements for allowing access by students to their own examination results made by those institutions of higher education in Scotland which are administered and directly funded by my right hon. Friend vary from institution to institution. In most cases students are given overall scores in examinations but are not permitted access to detailed markings. There are also variations in practice regarding access to academic or personal assessments. Decisions on such questions are, in the view of my right hon. Friend, for the governing bodies of the establishments concerned, although the Scottish Education Department has always made it clear that the directly funded institutions should be ready to discuss matters of examination performance or general academic progress with students when the need arises. The Data Protection Bill will, of course, create a general entitlement to access by individual students to automated personal records held on them when it comes into operation.
§ Mr. Chris Smithasked the Secretary of State for Scotland what arrangements are made for those receiving grants for further education in Scotland to obtain a breakdown of the provisions made for various purposes in their grants; what guidance he has issued on the matter;whether, he proposes to take any steps to allow greater access to such information held on automated and non-automated records; and whether he will make a statement.
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§ Mr. Allan StewartRates and conditions of eligibility for awards available to students on advanced courses of further education under the Scottish Education Department's students' allowances scheme are published annually. Each student is informed in writing both of his or her entitlement to maintenance and supplementary allowances and of the value of any contribution which it is assumed that the student, parents or spouse should make. Parents and spouses are also informed separately of any such contribution. Additional detailed information about the calculations on which awards assessments are based is available to students and their families on request.
Awards for students on non-advanced courses are paid by the local authorities. Rates and conditions of eligibility for full-time courses are laid down by my right hon. Friend and are notified by the Scottish Education Department to the local authorities, which are responsible for day-to-day administration, and direct to educational establishments, but no guidance on what information should be given to applicants is issued.
The Data Protection Bill will, of course, create a general entitlement to access by individuals to automated personal records held on them when it comes into operation.
§ Mr. Chris Smithasked the Secretary of State for Scotland what arrangements are made by health authorities in Scotland to allow patients to have access to their own medical records; what guidance he has issued on this matter; whether he proposes to take any steps to encourage them to allow greater access to such information held on automated and non-automated records; and if he will make a statement.
§ Mr. John MacKayDisclosure of information from medical records in individual cases is essentially a matter for the judgment of the doctor concerned. From time to time, my Department has issued guidance to health boards on the production of medical records in legal proceedings and on their retention and eventual distruction.
The Data Protection Bill will, of course, create a general entitlement to access for individuals to automated personal records held on them when it comes into operation; but, because unrestricted access to personal health data may not always be in the patient's best interests, the right of access is to be subject to modification by order of the Secretary of State. Consultations will be undertaken in Scotland on the possible content of such an order. Discussions are currently taking place with representatives of the health professions on the implications of the Data Protection Bill for health data in general, including subject access.