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—
exercise a right conferred by the data protection legislation, or
give consent for the purposes of the data protection legislation.
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.
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.