I think it goes back to the terms of their employment contract - is
withholding exam marks a sackable offence? If a union member wants to
exercise the right to withdraw his labour (ie. go on strike), there have
to be votes of the membership etc. If this part of an industrial
action, there are rules to be followed....
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Robert Dawson
Sent: 11 May 2006 10:40
To: [log in to unmask]
Subject: Re: [data-protection] Withholding of Marks
Dear all
No answers just questions.
Maybe the question needs to be taken back a step.
If union members are not submitting marks does the University actually
have (hold) the marks to publish?
Who is the data controller?
Are members of the academic unions doing marking and then withholding
marks from the institution or are they not marking at all?
Are marks actually marks before presentation to a subject or awards
board?
Rob
--
Thank you and kind regards
Opinions are my own and do not necessarily reflect those of my employer
Rob Dawson
Institutional Compliance Officer
University of Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
Old College 204
Tel: 01244 511610
Fax: 01244 392808
http://www.chester.ac.uk/
>>> Lynzie Gadd <[log in to unmask]> 11/05/2006 10:19 >>>
Dear Lucy
The guidance published by the Information Commissioner's Office last
July appears to support your approach. Whether the University chooses
to force staff to mark papers seems irrelevant to ensuring that their
legal obligations under DPA are met.
http://www.ico.gov.uk/cms/DocumentUploads/Examinations_guidance_GPN_06_0
1_06
.pdf
However, there may be other legal avenues that students can explore
regarding receiving marks/results and so I wouldn't rule out dealing
with several thousand requests just yet...
--------------------------------------------------------------
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 Lucy Fincham
Sent: 10 May 2006 16:42
To: [log in to unmask]
Subject: Re: Withholding of Marks
Are there any further thoughts on this issue?
We are now in the position where we have been asked by a student what
would happen if he put in a request under DPA. We have to think how we
are going to reply to him, bearing in mind that we don't want several
thousand requests from students for their exam marks.
I am thinking that the withholding of the data for 5 months from the
date of the request might be my reply were we to receive requests,
because the marks have not been "announced" or published. The university
doesn't want to have to force members of staff into providing exam
marks, because it
doesn't want to exacerbate the situation any further. On the other hand,
we have an obligation to our students as well.
How should I reply to the student? He hasn't actually put in a request
yet.
Regards
Lucy Fincham
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