Regulation 3 Meaning of educational records

(1)

In these Regulations “educational record” (“cofnod addysgol”) means any record of information which —

(a)

is processed by or on behalf of the governing body of, or a teacher at, any school specified in paragraph (2);

(b)

relates to any person who is or has been a pupil at the school; and

(c)

originated from or was supplied by or on behalf of any of the persons specified in paragraph (3),

other than information which is processed by a teacher solely for the teacher’s own use.

(2)

The schools referred to in paragraph (1)(a) are —

(a)

a school maintained by a local education authority; and

(b)

a special school which is not so maintained.

(3)

The persons referred to in paragraph (1)(c) are —

(a)

an employee of the local education authority which maintains the school;

(b)

in the case of —

(i)

a voluntary aided, foundation or foundation special school; or

(ii)

a special school which is not maintained by a local education authority,

a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);

(c)

the pupil to whom the record relates; and

(d)

a parent of that pupil^f1.

Annotations

f1: This definition of “educational record” is the same as the one contained in Schedule 11 to the Data Protection Act 1998 (c. 29).