Colleagues
To throw something else in. Arguably, in relation to HE students, the
point at which there is a 'significant effect on the data subject' is more
typically the decision of an Exam Board in relation to progress or final
award result. It would be extremely unusual in HE for an Exam Board to
make a decision on the basis of an array of marks *all of which* had been
arrived at by automated processing (and quality watchdogs would rightly
look askance at an assessment schedule that panned out that way). Most
marks, therefore, that contribute towards the 'significant effect' would
have been arrived at by very non-automated processing: the exercise of
academic judgement, moderation etc. From this point of view, there
doesn't seem to be a real problem.
A matter of defining 'significant effect'?
Owen Richards
On Fri, 16 Jul 1999 01:55:09 +0100 Dave Wyatt wrote:
> From: Dave Wyatt <[log in to unmask]>
> Date: Fri, 16 Jul 1999 01:55:09 +0100
> Subject: Re: New DP Act and automated assessment of students
> To: [log in to unmask]
>
>
> Mike :
>
> Some thoughts from my analysis of the auto processing section.
>
> My reading of this right (Section 12 DPA 98) is that an individual can
ask
> in advance not to be subject to an auto decision making process in
advance
> of that process.
> An auto decision process being any which :
> a) has an effect which significantly effects the data subject and
> b) be based soley on automatic means.
>
> If individuals exercised their right e.g. by a footnote to their
examination
> paper to not auto process then it is arguable a breach occurs should
such
> processing proceed in a manner which did not incorporate a manual review
> before the examination result was communicated to the individual.
>
> The key points here, given a strict and literal reading of the
legislation,
> is that a receipt of a prior notification of an objection to automatic
> processing requires a manual assessment of all results giving a
significant
> effect to an individual. This should be as part of continued processing
> after the automatic processing stage BEFORE notification of that effect.
> (The Act refers simply to a decision which significantly effects an
> individual. This does not necessarily have to be an exam failure mark -
but
> it is hard to envisage the individual complaining about the signicant
> effects of a pass with distinction result).
>
> Where no prior objection to such processing is raised but the processing
is
> again automatic then data controllers must subsequently notify
individuals
> as soon as practicable after the processing that an automatic decision
> occurred and answer and review any challenges which arise within 21
days.
>
> There is an exemption condition which is referred to in Section 12
> subsection 7b) which appears to assist. This indicates a notification to
not
> be subject to such processing is nullified, provided a data controller
has
> taken steps to safeguard the legitimate interests of the data suject by
> allowing him to make representations.
>
> Therefore a solution seems to be to always notify individuals that
automatic
> processing occurs and provide a point of contact to where
representations
> can be made for review. Place this notice at the top of impacted
examination
> papers to nullify any footnotes being added by all those well informed
law
> students.
>
> David Wyatt
>
> ----- Original Message -----
> From: Lloyd M J B (ISaCS) <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: 15 July 1999 11:32
> Subject: New DP Act and automated assessment of students
>
>
> >
> > We are beginning to see use of products such as Question Mark being
> piloted
> > for automated testing of students' progress.
> >
> > At some stage, I anticipate this will be used for more formal
assessment.
> > What are the implications now that individuals will have rights to
object
> to
> > decisions based "solely" on automatic methods? Will our exam boards be
> > sufficient to cover us by stating that there is human intervention in
the
> > decision making process?
> >
> >
> >
> > Mike Lloyd
> > Assistant Head (Academic Support )
> > Information Systems and Campus Services
> > University of Glamorgan
> > Llantwit Road
> > Treforest CF37 1DL
> >
> > Tel: 01443 482417 Fax: 01443 482426
> > email: [log in to unmask]
> >
> >
> >
>
_____
Owen Richards
Senior Assistant Registrar (Registry Systems)
Sussex University
Tel: 01273 877019
Email: [log in to unmask]
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