As Miranda Routledge pointed out previously, there are two exemptions for
exam-related information under the Data Protection Act: Schedules 7(9)
(relating to exam scripts) and 7(8) which relates to the release of exam
marks.
The Good Practice Note issued by the Information Commissioner's Office (29
July 05) sums up the position as follows;
"In practice, this exemption prevents students from getting their results
before they are officially announced."
Therefore, it would seem unlikely that provisional marks contained in
lecturers briefcases, filing cabinets or wherever, would have to be made
available to students before they are considered by a relevant Exam Board.
--------------------------------------------------------------
Ms. Lynzie Gadd,
Assistant Registrar (Examinations Officer)
University of Bristol
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 13 March 2006 17:15
To: [log in to unmask]
Subject: Re: Withholding of Marks
By definition, since an employee of the institution (presumably) or a data
processor for it holds the marks then the institution holds the marks, even
if they are inaccessible
The chalice from the palace has the brew that is true, the flagon with the
dragon....
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 13 March 2006 17:04
To: [log in to unmask]
Subject: Re: [data-protection] Withholding of Marks
Yes, but if they haven't yet got the marks - we are told it is the lecturers
that might be withholding them - then how can the institution be said to be
withholding.
You can't withhold something that you don't have. Under FoI you just have to
identify whether or not you have the information requested.
It doesn't say that you have to go and collect information from someone
else.
Nick Landau
London, UK
----- Original Message -----
From: "Lloyd M J B (ISeLS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, March 13, 2006 4:22 PM
Subject: Re: [data-protection] 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
>>
>> Registry Services
>>
>> AM36
>>
>> Trinity & All Saints College
>>
>> Brownberrie Lane
>>
>> Horsforth
>>
>> Leeds
>>
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>>
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>>
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>>
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