Data protection act 1998 and children

Background[ edit ] In the s, the electronic commerce was on its rise, but there have been expressed various concerns about the data collection practices and the impact of Internet commerce on the user privacy - especially children, because very few websites had their own privacy policies. After the FTC completed its investigation, it issued the "KidsCom Letter" - the report that the data collection and use practices were indeed subject to legal action. Under this provision, industry groups and others may request Commission approval of self-regulatory guidelines to govern participants' compliance, such that website operators in Commission-approved programs would first be subject to the disciplinary procedures of the safe harbor program in lieu of FTC enforcement.

Data protection act 1998 and children

Apprenticeship Skills, Children and Learning Act 1. Data protection act 1998 and children This summary of current legislation is intended as a guide only.

The Legal Framework for Child Protection

It is not a substitute for professional legal advice. Professionals should seek advice from their own advisers about their professional responsibilities for Safeguarding and Promoting the Welfare of Children. The Children Act The Children Act holds together in a single coherent legislative framework, the private and public law relating to children.

The Act rests on the belief that children are generally best looked after within the family with both parents playing a full part and without resort to legal proceedings.

The opening provisions of the Act set out the overarching welfare principles to be applied in all proceedings under the Act; the welfare of the child is the paramount consideration. The Act also makes it clear that delay in Court proceedings is generally harmful to children not only because of the uncertainty it creates for them, but also because of the harm it does to the relationship between the parents and their capacity to co-operate with one another in future.

It shall be the general duty of every local authority in addition to the other duties imposed on them by this Part: Section 17 10 states that a child shall be taken to be in need if: He is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part; His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or He is disabled.

Where there is a risk to the life of a child or likelihood of serious immediate harm, an agency with statutory child protection powers the Local Authority, the Police and the NSPCC should act quickly to secure the immediate safety of the child.

He is not removed to accommodation provided by or on behalf of the applicant; or He does not remain in the place in which he is then being accommodated. An Emergency Protection Order may also be made if Section 47 Enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access, and the applicant has reasonable cause to believe that access is needed as a matter of urgency.

Data Protection Act

An Emergency Protection Order gives authority to remove a child, and places the child under the protection of the applicant for a maximum of eight days. Police Protection Powers Under s.

No child may be kept in Police protection for more than 72 hours.

Data protection act 1998 and children

These are private law proceedings and the person seeking to remain in the family home with the child would need to make the relevant application.

There is reasonable cause to believe that if the person is excluded from the home in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm; and That another person living in the home whether a parent of the child or some other person: Is able and willing to give the child the care which it would be reasonable to expect a parent to give; and Consents to the exclusion requirement.

The applicant has reasonable cause to suspect that the child is suffering, or likely to suffer, significant harm; An assessment of the child is required to determine whether the child is suffering, or is likely to suffer, significant harm; and It is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.

A Child Assessment Order cannot be made where the Court is satisfied that here are grounds for making an Emergency Protection Order with respect to the child; and that it ought to make such an order rather than a Child Assessment Order. Child Assessment Orders deal with the single issue of enabling an assessment of the child to be made where significant harm is suspected, and the parents or other persons responsible for him have refused to co-operate.

The Court has power to make an Emergency Protection Order instead of the Child Assessment Order if, it considers that the circumstances warrant this section 43 4. The local authority is under a duty to make enquiries, or cause enquiries to be made, where it has reasonable cause to suspect that a child is suffering, or likely to suffer significant harm Section A Court may only make a Care Order placing the child in the care of the local authority or Supervision Order putting the child under the supervision of a local authority in respect of a child if it is satisfied that: The child is suffering, or is likely to suffer, significant harm; That the harm of likelihood of harm is attributed to a lack of adequate parental care or control s.

Care and Supervision Proceedings are founded on a number of principles: Compulsory intervention in the care and upbringing of a child will be possible only by Court Order following proceedings in which the child, his parents and others who are connected with the child will be able to participate fully.

This means that voluntary arrangements through the provision of services to the child and his family should always be fully explored. Discharge and variation of Care and Supervision Orders may be sought; There will be common grounds for making Care or Supervision Orders irrespective of the route by which cases proceed.

These will need to address present or prospective harm to the child and how this is occurring or may occur. Factors such as failure to receive suitable education are not grounds in themselves for making a Care or Supervision Order except in so far as they contribute to the harm done and may be attributable to the parenting, or lack of proper parenting; There will be greater emphasis on representing the views, feelings and needs of the child in these proceedings.

The Act also establishes a presumption of reasonable parental contact with children in care, subject to Court Orders and limited local authority action in emergencies. The Act provides a range of new interventions and punishments to help local communities and youth agencies to take effective action to tackle youth crime.

These include new powers to enable early, targeted intervention to deal with anti-social behaviour and divert the very young from crime. It emphasises that multi-agency partnerships are critical for the reduction of offending amongst children and young people.

The Act imposes a duty upon Local Authorities and the Police including other public agencies that in carrying out any of their functions they must have due regard to the likely effect of, and do all they reasonably can to prevent crime and disorder. In addition to the above, the Act created certain racially-aggravated offences, abolishes the rebuttable presumption that a child is incapable of telling the difference between serious wrong and simple naughtiness, ensuring that all juveniles are treated in the same way in criminal proceedings.

The Crime and Disorder Act also created:The data protection principles set out the standards governing the processing of personal chief officers, in their capacity as data controllers, must comply .

Changes to legislation: Data Protection Act , Section 56 is up to date with all changes known to be in force on or before 20 September Our lawyers are perfectly placed to guide clients through the plethora of duties placed upon them, under The Data Protection Act (the Act) which controls the use of ‘personal data’.

Information Sharing: Child Protection. March 30, February 10, Children Act Section 11 Duty to make arrangements to ensure their functions are discharged with regard to the need to safeguard and promote the welfare of children. Data Protection Act Section The Data Protection Act All those involved with children are likely to hold personal information about them, including sensitive personal information.

The Act covers how personal information about living, identifiable people is to be protected.

Welcome to the Tees Local Safeguarding Children Boards Procedures Website. Safeguarding children is everyone’s responsibility and the Tees Local Safeguarding Children Boards bring together people who work with children and their families to ensure that the safety and welfare of children . The Data Protection Directive (officially Directive 95/46/EC on the protection of individuals with regard to the processing of personal data (PII (US)) and on the free movement of such data) was a European Union directive adopted in which regulates the processing of personal data within the European is an important component of EU privacy and human rights law. This page contains links to some of the major privacy protection laws at the State and federal level. The information will be updated periodically to add other privacy-related .

In large part, the new Data Protection Directive for Police and Criminal Justice Authorities has played second fiddle to the pending General Data Protection Regulation (GDPR) in the EU, but the Directive is now getting increasing scrutiny and support in the wake of last week’s Paris attacks.

Children's Online Privacy Protection Act - Wikipedia