Ian/Keith,
But surely the information should be disclosed to a subject undergoing
an appeal in order to ensure a fair trial.... article 6 Human Rights
Act?
Rebecca
On Thu, 20 Dec 2001 16:18:03 -0000 "Fisher, Keith" <[log in to unmask]>
wrote:
> Ian,
>
> As you query seems to have been met by a deafening silence, I would comment
> by saying that I understood from the Information Commissioners' initial
> guidance on the Act that documentation involved in a management
> decison-making process was not accessible to an SAR until the results of
> that process had been declared.
>
> Keith Fisher
>
> > -----Original Message-----
> > From: Ian Wilson [SMTP:[log in to unmask]]
> > Sent: 19 December 2001 10:10
> > To: [log in to unmask]
> > Subject: Student Appeals re Decisions of Boards of Examiners -
> > Disclosure of Information
> >
> > 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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-------------------
Rebecca Hughes
Administrative Officer (Data protection)
[log in to unmask]
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