5 months is the longest period allowed, both the ICO examinations Guidance
and Good Practice Note reflect the SAR DPA Sch7 8(2(a&b)) requirements.
Determining a 5 month response without regard to any other factors or the
"whichever is the earlier" part of that section would seem fraught with
difficulties.
Ian
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Lynzie Gadd
> Sent: Thursday, May 11, 2006 10:19 AM
> To: [log in to unmask]
> Subject: Re: Withholding of Marks
>
>
> 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_GP
> N_06_01_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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