Ruth Robertson wrote
>My reading is that following the widening of the definition of data
under >FoI,examination scripts will be caught as personal data because:
>a) it won't matter how organised any manual filing system is (due to
new >DPA section 9A) they are still data, and
>b) the data contains information which relates to a living individual
>(their opinions and expression), and
>c) we can identify those living individuals from the scripts.
>However, under Schedule 7 para 9 of the DPA they are specifically
exempt >fromrelease under subject access request, therefore they will
still not be >availableto anyone under FoI except in the case of
overriding the public >interest....
I think I agree with Ruth. The DPA clearly regards the scripts as
personal data as otherwise the exemption would be meaningless.
That they are personal data does, however, slightly deny logic and the
Durrant case must cast some doubt. Also it may be difficult to determine
whether the thoughts and ideas expressed are those of the student or of
his/her teachers/lecturers!
John Hitches
Kingston University
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