As far as the multiple choice question is concerned, I think it is poorly worded. I wonder if they are trying to get at the fact
that there is a maximum fee and that it is at the discretion of the data controller to decide whether to charge the maximum,
nothing at all, or an amount less than the maximum. The Act does say that a data controller MAY charge a fee subject to
a maximum. I don't feel any of the possible answers fits this, because b) and c) are just plain wrong, whereas a) suggests
that you HAVE to charge a fee and d) suggests that you can charge whatever you like with no maximum.
As far as the CCTV question is concerned, I suppose they intend a bit more of a discursive answer, explaining why images
fall into the category of personal data (perhaps with reference to the definition in the European Directive) and saying that the
definitions in the 1998 Act are much broader than the 1984 Act. Perhaps also something about the difference between
manual systems (where you press the fast-forward to locate an individual's image) and automated systems (where there is
an automated search facility).
Re the ultrasound question, again I suppose a more discursive answer, saying that the data subject has the right to have
their information in permaent form by way of a copy, except where the supply of a copy is not possible or would involve
disproportionate effort, and also saying that if any of the information is not intelligible without explanation, the data subject
should be given an explanation. In this case, presumably it wouldn't be appropriate to supply the information in digital form,
since the subject wouldn't have the equipment to view it or the knowledge to interpret it, but presumably she would have the
right to a print-out of the images (which hospitals often supply to pregnant women anyway - for inclusion in the family
photo album!), and any necessary explanation of them from medical staff, as well as allowing her to view the images on
their equipment.
I don't know anything offhand about parent's rights to access data about children (don't need to know for my area of work),
but suspect this might be covered by one of the standing orders about accessible records?
I haven't got a clue about what they are getting at with the laptops for headteachers question! There could be all sorts of
implications here, but again it is, as you say, a very badly worded question.
Jane Howard
Administrator
Coventry University
I have just received the syllabus from the ISEB with a few sample questions which, quite frankly, I find a little worrying. They
say the certificate is a 'basic' and 'entry level' qualification, but the sample questions are ones - through phrasing, more than
lack of knowledge of the area, I hasten to add - that I feel I would have some problems in answering.
For example, a multiple choice question:-
"The fee for subject access is
a) one standard fee, whatever the data
b) a higher fee for sensitive data
c) a separate fee for each registered purpose
d) an amount to cover the real cost of the search
I presume they are looking for 'a)', but 'one standard fee' does not allow for the fact that there is a maximum which
organisations may charge up to, less than, or not charge at all! Further, does 'c)' indicate the question was written prior to
DPA 1998, or is it a 'red herring' and 'd)' may be obviously wrong but there is the element of charging a reasonable amount
for excessive copies etc is there not?
Example 2 - Questions requiring 'short' answers
Do parents have a right to see information held about their children by a school? I work for a Unitary authority but would
need to check on this - to be faced with it in an exam room is a little disconcerting - is it something specifically covered in
the course syllabus?
Does an image recorded from a CCTV camera fall within the scope of the DPA? How else do you answer this other than
'Yes'! What more are they looking for?
Example 3 - Questions requiring 'long' (essay) answers
A Health Authority takes ultrasound readings from a pregnant patient and retains them in digital form. The Patient asks for
Subject Access. The hospital wants to satisfy its subject access requirements by inviting the patient to come and view the
pictures. Can the hospital insist that she accepts this as a proper response to a subject access request.
Several thoughts and points that could be discussed occur here, but I am baffled as to what the question is getting at. Yes,
this would be a 'proper' response if the patient was happy to accept it, can they 'insist' it is the only one they will give, or all
they will do for her, no!! Either way, I would be struggling to write for 30 mins on the topic.
The Government is said to be spending £23 million on buying multi media laptops for Headteachers. Discuss. How badly
phrased is this??!!!
I always disliked exams and felt (still feel) that schoolwork and after should be much more continual assessment based
that exam based, so maybe I am biassed. I remember being told to 'read the question' but am I being thick, or is it not
obvious from (at least some) of the above examples, exactly what the question is asking.
Has anyone yet taken this examination? I would be interested to know what is thought of the course leading to it and / or
the exam itself.
Any comments welcome.
Dave Uppington
DPO
South Gloucs Council
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