For advice on responding to a subject access request, please call us on 01332 226 130 or complete the form below.
In this article, we explore the circumstances where parents or guardians can make subject access requests on behalf of their child, and what you should consider in borderline cases where a child’s understanding of obtaining their personal data and interpreting it is under debate.
Commercial|March 2020
Insight
Children have the same rights as adults in relation to their personal data, including the right to request access to it, commonly referred to as a subject access request.
Any child may exercise their access rights as long as they are considered competent to do so. In England, ‘competence’ is assessed on the level of the child’s understanding, and they should not be deemed competent if it is evident that they are acting against their own best interests.
Regardless of their age, the right belongs to the child and not their parent or guardian, who should only be allowed to exercise a child’s right of access on behalf of them if:
When assessing whether a child is capable of authorising a subject access request, you need to establish whether the child can understand and deal with the implications of exercising their data protection rights. For example, do they understand what it means to request a copy of their personal data and how to interpret the information that they receive as a result of doing so?
When considering a subject access request from a child’s parent or guardian, it is important to consider the following factors before releasing the information:
If you are satisfied that the child is incapable of making the subject access request themself and that obtaining the information is in the best interest of the child, then it is usually appropriate to allow the parent or guardian to exercise the child’s rights on their behalf.
However, if you have evidence that providing the data is not in the best interest of the child, for example, because there are safeguarding issues, you have the right to decline the parent or guardian’s request.
Related Services
New legal duties require organisations to handle data protection complaints correctly. Learn what you need to do now.
Read More
Download expert guidance on UK trade union reforms and prepare your organisation for Employment Rights Act changes.
Read More
Employment law tips for employers managing absence, flexibility and inclusion during the 2026 FIFA World Cup.
Read More
Guidance for employers on managing workplace distraction, excessive phone use and digital overload at work.
Read More
Key April 2026 changes to trade union recognition rules and what employers should do ahead of wider reforms later this year.
Read More
Government consultation begins on NDA restrictions under the Employment Rights Act 2025, with changes expected from 2027.
Read More
Employers can voluntarily publish menopause and gender pay gap action plans from April 2026 ahead of the 2027 legal requirement.
Read More
Understand SSP 2026 updates, employer responsibilities, and common pitfalls to keep your business compliant and protect staff rights.
Read More
How suppliers’ use of AI can create IP, data protection, and contractual risks, and how businesses can manage them.
Read More
EAT confirms employers should assess redundancies forward-looking, not retrospectively, when deciding if collective consultation is needed.
Read More
Learn the 2026 National Minimum Wage rates, common employer pitfalls, and how to stay compliant with new Fair Work Agency rules.
Read More