Hi folks,
Today's HE teaser is -
Research staff undertake work in schools. A group of pupils, some with learning difficulties, see a play and are then asked what they remember about it (the point of the research is to establish whether children with learning difficulties are potentially less reliable witnesses in court). As part of the set-up for the work, all children likely to be involved are given an adapted IQ test to inform the analysis of their later recollections.
So far, so 'pure' and, of course, pure research enjoys certain exemptions from DP law, notably from access under section 7, and from principles 2 and 5.
Now, the researchers suspect that they may get enquiries from parents whose children are involved in the work and who are interested in knowing their IQ results. That looks OK, because section 33.5 of the act says that research is still pure even where the data is disclosed to "the data subject of a person acting on their behalf". However, the researchers are concerned that the schools involved may also ask/demand to know such results. Now, research is only pure when it does not "support measures or decisions" made on/against individuals, and one could imagine that what the schools would be trying to obtain are measures of children's IQ on which they might conceivably make decisions - e.g. about streaming.
At which point, if the researchers gave this data to schools would the research no longer be pure, thereby removing all the exemptions they'd usually enjoy?
Andrew Okey
Lancaster University
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