Section 208 — Data Protection Act 2018: Children in Scotland

Children in Scotland 208 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.