There have been a number of previous posts and discussions about exam
scripts and examiners comments, and the position seems fairly settled, in
line with the ICO advice that an exam script is not disclosable under s7
DPA (either not personal data or, if it is, exempted by Schedule 7) but
the examiners comments may be.
I cannot however see any discussion of the position in relation to
schools. Still clearly outside s7, but it does seem to me that the exam
script must be regarded as an Educational Record under the The Education
(Pupil Information) (England) Regulations 2005 (as defined in Regulation
3) and therefore must be disclosed to a parent on request within 15 school
days (Reg 5(3).
Does anyone have any views to the contrary? I am advising such a request,
where the script is effectively within a workbook containing the
questions, and the school does not want to disclose these because they are
often re-used and there is the the possibility of a playground trade in
questions which get into the public (parental) domain.
If the script has to be disclosed I am faced with advising the school to
relent, or to redact the questions (assuming I can find a valid FOI
exemption - which is a separate issue).
Phil Bradshaw
Information Manager, Cardiff Council
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