Impact
The Gaskin case has had a substantial impact on British law. The Data Protection Act contains special provisions whereby social services records are accessible by people formerly in public care irrespective of whether the records are kept electronically or within a paper-based filing system. Generally speaking, only information stored electronically is accessible by individuals under the UK's Data Protection regime. The Information Commission now provides the independent appeal mechanism absent at the time when Gaskin sought access to his case file.
In summary, the Gaskin case was a significant victory for individuals who were placed in public care as children. Such individuals now have limited access to their own records to the extent that knowledge and understanding of their childhood and early development will be revealed. However, the case files of individuals who were placed in care with the independent sector (the charities) are not caught by the access provisions of the Data Protection Act. Access to these files can only be obtained with the agreement of these organisations.
Read more about this topic: Gaskin V United Kingdom
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