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I have been working on the assumption that the CoP would not be ready for use until the next academic session 2000-2001, and that by that time HE and FE institutions should be looking at the longer term anyway. A. > Whilst not wishing to stop you in any way being helpful to your hypothetical > PhD student, I think we should be clear as to what the Act requires when > writing a CoP. If the purpose of examining was under way on 23 Oct 1998 then > the transitional provisions can apply. It is your choice. It does not relate > to a specific student but whether or not the data controller was undertaking > that purpose on the specified date. We will all have to address these issues > but I'm not doing it for this examination season! > Trevor Field <[log in to unmask]> on 31/05/2000 08:46:54 > > Andrew's draft guidelines on exams will be helpful, notably in providing > "evidence" for disbelieving colleagues as we try to persuade them of the > implications of DPA! > > The note about assuming that the Act is fully in force right now > is (I think) the only way in which one can avoid fruitless and > possibly damaging arguments about whether one can technically > withhold information. Take a hypothetical case of a PhD student > arguing about evaluation of thesis. Would it be worth arguing that > the student was on-going from pre-98, and that the work in eventual > thesis was started pre-98, so that the external comments made in > (say) 2000 were therefore part of an on-going process? I doubt it - > or if it *were* worth it, it would probably be because of (or > certainly suggest) lack of faith in comments. No? > > So while I have argued for sticking to the Act on various other > things, and not being press-ganged into early release, I do think > that on this one it's important to get all examiners acting "as if" > immediately. Andrew Charlesworth Senior Lecturer in IT law Director, Information Law and Technology Unit University of Hull Law School Hull, UK, HU6 7RX Voice: 01482 466387 Fax: 01482 466388 E-mail: [log in to unmask] %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%