Straying entirely into FOI for a moment, to release the papers before the
examination was held would be potentially exempt under Section 36 as
prejudicial to the proper conduct of public affairs. However, given that
English local authorities do not have a "qualified person" , it would
require either the action of a minister, or authorisation from them for the
local authority to act as a qualified person before use of the exemption
could be considered.
> ----------
> From: Graham
> Hadfield[SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 27 April 2004 08:14
> To: [log in to unmask]
> Subject: Re: [data-protection] 11 plus papers
>
> There are two points here aren't there?
>
> As regards personal data, clause 9 of Schedule 7 of the DPA exempts
> personal data recorded in examination scripts from S7 - which then
> provides
> an exemption, subject to the public interest test, under S40(4) of FoIA.
>
> As far as the examination questions themselves are concerned:
> a) Once the examinations have been taken they have been published so is
> there a problem? I certainly remember - even though it's many years ago
> :-)
> - being given past papers to practice on by my teachers.
> b) Before the examinations are taken I should have thought there would be
> an exemption, again subject to the public interest test, under S22.
>
> Regards,
> Graham
>
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