I think Schedule 7. para 9 is clear.

It refers to an exemption which relates to "information recorded by the
candidates".

So if an exasperated examiner put as a comment "the usual crap from Student
X" on the script, such a comment would not be "recorded by the candidates",
and so this particular exemption would not apply to this comment.

On the other hand, if the Student knew or could make a good guess as to who
actually marked a particular question, one could argue that the personal
data related to another individual (ie use the provisions in Section 7).

Any obs? 

Chris


Data Protection News, Cap Gemini UK plc, 
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or <[log in to unmask]>

> ----------
> From: 	Lloyd M J B (ISaCS)[SMTP:[log in to unmask]]
> Sent: 	17 May 1999 16:59
> To: 	[log in to unmask]
> Cc: 	[log in to unmask]
> Subject: 	RE: Examination scripts
> 
> Sally,
> 
> 	This is exactly the sort of question that I would like clarification
> from Phil Boyd, if you can persuade him to join this list. 
> 
> 	Should we advise our academic colleagues to record all their marking
> on a separate sheet, so that it is available for a subject access request,
> or just allow students right to their examination scripts?
> 
> 
> Mike Lloyd
> Assistant Head (Academic Support )
> Information Systems and Campus Services
> University of Glamorgan
> Llantwit Road 
> Treforest CF37 1DL
> 
> Tel: 01443 482417        Fax: 01443 482426   
> email:  [log in to unmask]
> 
> 
> > ----------
> > From: 	[log in to unmask]
> > Reply To: 	[log in to unmask]
> > Sent: 	Monday, May 17, 1999 1:50 pm
> > To: 	[log in to unmask]
> > Cc: 	[log in to unmask]
> > Subject: 	Examination scripts
> > 
> > In the Registrar's "DPA'98 introduction" on page 26 she clearly states
> > 'where personal data consist of information recorded by candidates
> during
> > an
> > exam they are excempt from subject access'
> > 
> > She omits to tell us about comments made on such scripts during the
> > marking
> > process. At a DP seminar recently it was made quite clear to us by a
> > lawyer
> > that :- 
> > 
> > 'DS cannot use their subject access rights to obtain a copy of
> information
> > recorded by candidates during their examinations. This would NOT EXTEND
> TO
> > INFORMATION WRITTEN ON THE EXAM SCRIPT after the exam, ie marker's
> notes.'
> > 
> > and finally in the Guide to DPA '98 issued by the Association of
> Colleges
> > it clearly says ' students do not have rights of access to their scripts
> > or any information recorded on them'
> >             
> > Before I advise all my academic colleagues of these regs and by that I
> > mean
> > those issued by the lawyer I guess, (and that after 24th
> > October 2001 access will have to be given as it is now processing under
> > way)
> > I would appreciate any views other members of this list may have!
> > 
> > Thanks
> > Sally
> >
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> > ~~~~~
> > Sally Justice                     		         PHONE :  0171 815
> > 6509
> > Data Protection Officer          		         FAX   :  0171 815
> > 6599 
> > South Bank University			 URL          |
> http://www.sbu.ac.uk
> > 
> > Computer Services Department             Email        |
> > [log in to unmask]
> > Borough Road London SE1 0AA	         Enquiries to | [log in to unmask]
> > 
> > 		    http://www.sbu.ac.uk/cop/dpa/dpa.shtml  
> > 		    http://www.sbu.ac.uk/dpforum/	
> >                     http://www.open.gov.uk/dpr/dprhome.htm
> >
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> > ~~~~~
> > 
> 


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