I would be interested in hearing how other HEIs are dealing with
the issue of disclosure, in response to a subject access request,
of information which is collected for the purpose of responding to
a student appeal against the decision of a Board of Examiners.
Within MMU there is a view is that such information is protected by
'privilege'.
In my view there is nothing in the DPA which exempts
such information from disclosure to a data subject, either while an
appeal is 'ongoing' (however undesirable it might seem to be from
an institution's point of view to release such information during this
period) or when a response or decision has been made.
An example of data which in my view would be disclosable is
correspondence provided by the department in which a student is
based to the office responsible for handling the appeal - and
which will contribute to the decision as to whether there are
grounds for appeal and to a decision on the appeal.
Ian Wilson
Acting University Secretary
The Manchester Metropolitan University
Ormond Building, Lower Ormond Street,
Manchester M15 6BX
Tel: 44 (0)161-247 1060
Fax: 44 (0)161 247 6868
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