I was at the FoI Conference in Wales yesterday and asked one of the IC's
staff whether s.77 would apply. The answer was that for a subject access
request, the whole of the FoIA is exempted, i.e. S.77 could not be applied.
Therefore, it appears that a breach of Principle 6 of the DPA is the only
relevant section that covers withholding personal data.
Mike
------ Forwarded Message
From: "Lloyd M J B (ISeLS)" <[log in to unmask]>
Reply-To: "Lloyd M J B (ISeLS)" <[log in to unmask]>
Date: Mon, 13 Mar 2006 16:22:48 +0000
To: <[log in to unmask]>
Conversation: Withholding of Marks
Subject: Re: Withholding of Marks
If the organisation is subject the Freedom of Information Act, then it is
possible that an offence could be committed by an individual under s.77 of
blocking release of the information if he/she withholds the marks.
It is only s.40 (1) that provides an exemption under FoIA to allow for a
subject access request to be considered under the DPA.
Mike
> From: Phil Quaite <[log in to unmask]>
> Reply-To: Phil Quaite <[log in to unmask]>
> Date: Mon, 13 Mar 2006 15:15:36 -0000
> To: <[log in to unmask]>
> Conversation: Withholding of Marks
> Subject: Withholding of Marks
>
> I have just been asked an interesting hypothetical question by a
> colleague and wondered if list members might help me with a response.
>
>
>
> One of the proposals put forward for post-strike action by NATFHE
> members after the recent strike is to mark student exam papers as
> normal, but to not return the marks to the college. What would the
> situation be if a student made a request to a module tutor under the DPA
> for this data to be released?
>
>
>
> I realise that there is a whole raft of other issues surrounding this,
> i.e. could a student request for the data to be released to the college,
> or only to them personally? Also, we (like many other institutions)
> employ an anonymous marking scheme, so would one request from an
> individual mean that all the marks for the module the request pertains
> to would have to be released?
>
>
>
> I must stress that this question is hypothetical as this particular
> course of action is not being undertaken at this institution, however I
> would like to provide my colleague with an appropriate answer, so any
> suggestions are welcome!
>
>
>
> Thanks,
>
>
>
> Phil
>
>
>
>
>
>
>
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>
> Phil Quaite
>
> Information Officer
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> AM36
>
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