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The Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000

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Subject access requests in respect of educational records

5.  (1)  This regulation applies to any case in which a request made under section 7 of the Act relates wholly or partly to personal data forming part of an accessible record which is an educational record within the meaning of Schedule 11 to the Act.

(2) Except as provided by paragraph (3) below, a data controller may not require a fee under section 7(2)(b) of the Act in any case to which this regulation applies.

(3) Where, in a case to which this regulation applies, the obligation imposed by section 7(1)(c)(i) of the Act is to be complied with by supplying the data subject with a copy of information in permanent form, the maximum fee which may be required by a data controller under section 7(2)(b) of the Act is that applicable to the case under the Schedule to these Regulations.

(4) In any case to which this regulation applies, and in which the address of the data controller to whom the request is made is situated in England and Wales, the prescribed period for the purposes of section 7(8) of the Act is fifteen school days within the meaning of section 579(1) of the Education Act 1996(1).

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