I would say it depends on the terms of the contract between the exam marker and the college. If the exam marker is an employee, and marking exams is an integral part of their employment contract, I would say it was incumbent upon the college to extract the information on behalf of the student. Employees are not "data processors". As such, requests submitted to an individual tutor should be passed up the management line rather than responded to direct. Just my own thoughts, but I hope they help. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Quaite Sent: 13 March 2006 15:16 To: [log in to unmask] Subject: [data-protection] Withholding of Marks I have just been asked an interesting hypothetical question by a colleague and wondered if list members might help me with a response. One of the proposals put forward for post-strike action by NATFHE members after the recent strike is to mark student exam papers as normal, but to not return the marks to the college. What would the situation be if a student made a request to a module tutor under the DPA for this data to be released? I realise that there is a whole raft of other issues surrounding this, i.e. could a student request for the data to be released to the college, or only to them personally? Also, we (like many other institutions) employ an anonymous marking scheme, so would one request from an individual mean that all the marks for the module the request pertains to would have to be released? I must stress that this question is hypothetical as this particular course of action is not being undertaken at this institution, however I would like to provide my colleague with an appropriate answer, so any suggestions are welcome! Thanks, Phil :::::::::::::::::::::::::::::::::::::::::::::::: Phil Quaite Information Officer Registry Services AM36 Trinity & All Saints College Brownberrie Lane Horsforth Leeds LS18 5HD * 0113 283 7100 (extn 454) * [log in to unmask] :::::::::::::::::::::::::::::::::::::::::::::::: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ This message is for the use of the intended recipient(s) only. If you have received this message in error, please notify the sender and delete it.The British Council accepts no liability for loss or damage caused by software viruses and you are advised to carry out a virus check on any attachments contained in this message. Our purpose is to build mutually beneficial relationships between people in the UK and other countries and to increase appreciation of the UK's creative ideas and achievements. The British Council is registered in England as a charity. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving message please send to the list owner [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^