The Computer Misuse Act is also relevant with many data protection offences
having been prosecuted under that act by preference, even when in the early
years of the DPA 1998 that resulted in weaker cases when the requisite
standards of evidence were considered against the charges laid.
Ian
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> David Aspinall
> Sent: 20 July 2006 11:11
> To: [log in to unmask]
> Subject: The Cost of Non-Compliance
>
>
> Sorry to cross-post with a Friday question but I'm hoping
> this will create some interesting replies. I have been asked
> the following question by a senior member of staff in a
> central government area who definitely has an accountant's
> view of the world.
>
> "What is the real risk of non-compliance in FOI, DPA or EIR?
> Has anybody been fined large sums of money? Has anybody lost
> their jobs?"
>
> I would be happy to consolidate responses on this. If
> necessary, anonymised responses will be welcome. I would also
> be grateful if anybody knows any further avenues of research.
>
> David Aspinall
> Senior Records Management Consultant
> Tribal Education & Technology
> The Charnwood Building
> Holywell Park
> Ashby Road
> Loughborough LE31 3GS
>
> T 01509 268292
> F 01509 232748
> E [log in to unmask]
>
> M 07785 234322
> www.tribalgroup.co.uk
>
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> ____________________________________________
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>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Paul Dodgson
> Sent: 19 June 2006 12:25
> To: [log in to unmask]
> Subject: [data-protection] School Exam Marks - Access by
> Schools Pupils/Parents
>
> Dear All
>
> I have been asked to look into the question below. The
> request is from a
> third party who is seeking advice. Whilst not obliged to do
> so (I act for
> the atuhority, not the enquirer), I am interested in your
> views re that
> below. Please note I have not modified the note below save redacting
> personal details. Any thoughts/views would be most
> appreciated, on or off
> list.
>
> Thanks
>
> Paul
>
>
> Re: question on exam mark access by school pupils. I wonder
> if you might be
> able to offer any information on a very specific
> interpretation of the
> application / remit of the Data Protection Act?
>
>
> I have confirmed with the exam boards - AQA WJEC - that they
> are happy for
> unmoderated marks for assessed coursework for public
> examinations to be
> released to students as soon as teachers have marked the work. They
> therefore treat this very differently to access to
> examination marks for
> formal exams, (the latter subject to a right of access
> exemption under Data
> Protection). This means the raw score from the teacher can
> be given out
> for such school based work, even though it may be subject to
> change before
> the final issue of a formal GCSE or A Level grade by the board for
> candidates in August.
>
>
> I am clear that as a parent, under the Education Act, I have right of
> access to data concerning my child, (with exceptions such as child
> protection issues). Separately, my child has right of access to
> information about themselves, (especially at 17 years old
> where it is clear
> they are capable of understanding the information).
>
>
> The vast majority of schools do not hesitate to offer
> students access to
> unmoderated assessed coursework marks. However, in the
> instance of such
> access being obstructed, does the student have their right
> of access to
> their mark held on the school data base by virtue of the
> Data Protection
> Act?
>
>
> Clearly, if schools are able to sustain their choice to
> withhold the data,
> students will face anomalies both between schools and within
> schools, as to
> the level to which they may benefit from such feedback information in
> preparation for their formal exams. It becomes possible for
> students at
> one school to sit an exam having benefited from adjusting
> their approach
> because they were offered their coursework mark, whereas
> other students
> sitting exactly the same public exam may do so denied such benefit.
>
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