Who can give consent?
The law recognises that a child can consent to their data being held or accessed under the Data Protection Act if the child has reached an age when he/she can decide for himself/herself whether or not to agree. It is generally accepted that by the age of 12 a child can be expected to have sufficient understanding to decide whether or not to agree to their data being supplied, or accessed.
If the person with parental responsibility feels that the child does not have sufficient understanding to consent, then the parent can consent on the child’s behalf until the child either reaches such understanding or the child reached the age of 18 whichever is the earlier. Where a child is under the age of 12 then parental consent will always be required.
Statement of Consent
By accepting to join the DMD Registry I confirm the following:
The person(s) with parental responsibility will usually, but not invariably, be the child’s birth parents. People with parental responsibility for a child include: the child’s mother; the child’s father if married to the mother at the child’s conception, birth or later; a legally appointed guardian; adoptive parent; the local authority if the child is on a care order; or a person named in a residence order in respect of the child. Fathers who have never been married to the child’s mother will only have parental responsibility if they are registered on the child’s birth certificate, if they have a court order granting parental responsibility, or a parental responsibility agreement.