Beyond data protection law, if the debt is for something other than payment of fees for the course, there is the possibility of the withholding provision being invalid by virtue of the Unfair Terms of Consumer Contracts Regulations. For example, consider the following report from the THES (as it was) in 2003: http://www.timeshighereducation.co.uk/story.asp?storyCode=177375§ioncode=26
Jason
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Jason Miles-Campbell
Service Manager
JISC Legal Information Service
Learning Services
University of Strathclyde
Alexander Turnbull Building
155 George Street
Glasgow G1 1RD
Tel: 0141 548 4939
E-mail: [log in to unmask]
JISC Legal is hosted by the University of Strathclyde, a charitable body, registered in Scotland, with registration number SC015263.
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From: This list is for those interested in Data Protection issues on behalf of Brett Dodgson
Sent: Fri 10/17/2008 09:55
To: [log in to unmask]
Subject: [data-protection] Subject Access Requests and Exam Results
Like most universities, we put sanctions on students with unpaid debts. These sanctions include the withholding of exam results.
We now have a student who, to get round those sanctions, has made a formal Subject Access Request for this information.
Ordinarily, we follow the usual provisions regarding students who try to access their exam results by using the Act - i.e., they are released within forty days from the results being published or within five months of the date of the request, whichever is sooner. In this case we are now more than forty days since the results were released. This is the first time though where those requirements have clashed with our sanctions policies.
Has anyone been in a similar position? I'm wondering whether the Act effectively trumps our sanctions policies. Any advice would be greatly appreciated.
Brett Dodgson
Academic Services Officer
Academic Services Division - Data Protection
University of Nottingham
University Park
NOTTINGHAM
NG7 2RD
Tel: 0115 846 6925
Fax: 0115 951 6566
http://www.nottingham.ac.uk/staff/dpa
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