There is a need to remember that if a student applies for subject access
prior to an exam being marked the response will need to contain all of the
examiners comments and marks as well as the final result. Schedule 7 8(3).
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Lynzie Gadd
> Sent: 13 March 2006 17:37
> To: [log in to unmask]
> Subject: Re: Withholding of Marks
>
>
> 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
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >> ::::::::::::::::::::::::::::::::::::::::::::::::
> >>
> >>
> >>
> >> 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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