Is the person who marks the papers "a data processor working under contract
to the college or a part of the college itself"? Or is s/he "an independent
contractor who sets the exam and marks the papers"?
Assuming no legislation applies except the DPA it seems to me that, unless
the exam script is identified only by an anonymised number with no personal
data, a SAR could require the marks to be divulged within the statutory
period. My preliminary question is to determine to whom the SAR should be
directed.
In practical terms it is likely that the marks would be released within that
period in any case, whether a SAR was lodged or not. Not providing the
marks under a SAR would, presumably, be a disciplinary offence, and
doubtless more industrial action would take place for the first disciplinary
hearing to hear the offence.
I suspect you need to look more at employment law than at the DPA.
Tim Trent - Consultant
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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 Phil Quaite
Sent: 13 March 2006 15:16
To: [log in to unmask]
Subject: [data-protection] 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
::::::::::::::::::::::::::::::::::::::::::::::::
Phil Quaite
Information Officer
Registry Services
AM36
Trinity & All Saints College
Brownberrie Lane
Horsforth
Leeds
LS18 5HD
* 0113 283 7100 (extn 454)
* [log in to unmask]
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