Peter, I think we'll have to agree to differ.
Schedule 7 (8 (1)) says "Section 7 [i.e. subject access etc] shall have
effect subject to ... sub-paragraphs (2) to (4) *in the case of* personal
data consisting of *marks or other information* processed [for the purpose
of determining results etc]"
(All comments with * my emphasis)
Leigh-Pollitt and Mullock write: "Examination marks: this paragraph extends
the time limit for complying with a subject *information* request as set out
in s. 7. It is not an exemption as such." In other words you can delay a
data subject's access to marks and other information. But you can't stop
'em.
Schedule 7 (8 (2)) does refer to results but only in the sense that "the day
on which the results are announced" forms an anchor point for determining
how many days you have to comply with an SAR.
Throwing another one in: do you have to produce the actual comments, marks
etc?
At a conference early last year Phil Boyd said "you don't have to supply the
data, only the information in it". This puzzled me for a while, but the
example of official transcripts, many months later cleared my confusion;
i.e. you don't have to give an official transcript, just the information on
it - so if someone owes you money and isn't bothered about their degree
certificate they might try to get their official results through an SAR.
You don't give them the transcript, you give them a sheet of paper with
their name at the top, and a list of modules and scores (no official
endorsement, but you've complied with the SAR).
So, do you have to provide the literal comments or just a commentary on
them, a synopsis? After all a synopsis might make more sense than a list of
abstracted comments and the information has to be provided in a meaningful
way.
Regards
Craig
-----------------------------------------------
Craig S R Brown
Senior Administrative Assistant
Registrar's Office
University of Leicester
University Road
Leicester
LE1 7RH
Tel: 0116 252 5077 Fax: 0116 252 5000
E-mail: [log in to unmask]
> -----Original Message-----
> From: Peter Wilson [SMTP:[log in to unmask]]
> Sent: Friday, March 23, 2001 1:53 PM
> To: [log in to unmask]
> Subject: Re: Access to 'raw' exam scores
>
> Craig wrote <<<<"First there is a delay in the right of access to
> examination "marks". Under Schedule 7 (8) (2)............">>>
>
> MARKS are exempt - 7.8.(1) The delay refers to RESULTS - 7.8.(2)
> (N.B. Capitals to convey difference - NOT irritation!)
>
> Peter
>
>
>
>
> Peter Wilson
> Data Protection Officer
> University of Paisley
>
>
>
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