EdLaw
Children in Scotland
Part 7 provision on when a child in Scotland may exercise their own rights under the data protection legislation, with the presumption that a child aged 12 or over has the maturity to do so.
Section 208 — Children in Scotland
1 Subsections (2) and (3) apply where a question falls to be determined in Scotland as to the legal capacity of a person aged under 16 to—
- a exercise a right conferred by the data protection legislation, or
- b give consent for the purposes of the data protection legislation.
2 The person is to be taken to have that capacity where the person has a general understanding of what it means to exercise the right or give such consent.
3 A person aged 12 or over is to be presumed to be of sufficient age and maturity to have such understanding, unless the contrary is shown.