Data Protection Act and Exam Script Requests

Orion21

Orion21

Orion21

Associate
Joined
20 Feb 2006
Posts
343
Hi there, I know some people on this forum seem to know a bit on legal matters.

So, I was wondering if someone could clarify why the Data Protection Act (Schedule 7 (9) I believe), does not allow you to request Exam Scripts completed by yourself. :confused:

The reason I ask is because I would like to obtain Exam Scripts so I can see where I need to improve when doing resits and the body is hesistant to release them.

Is there anyway to request these scripts as I am a little confused as to why I cannot obtain a script that I completed. In tin foil hat mode you could say they do not want their marking to be questioned :p.

Thanks :)
 
It's probably because there isn't a huge amount of personally identifiable information on your average exam paper.

There may be your name, date of birth and your centre. Or maybe just a number. The number will link to a database record with all your information in, but it's not on the paper.


Also, if lots of people started requesting exam papers, there would be a ludicrous amount of work for the people who handle and store them (which won't be the same people that marked them, that's usually contracted out).


And yes. I do work for an awarding body (not handling papers though. I'd go nuts in that department ;) )
 
Although you may have completed it, the paper now belongs to the exam board. Therefore the data protection act, as Strife says, is actually whats prevents them giving you the information.

I work in a hospital and theres a lot of people who complain about not being able to get their patient records. The fact is, although they are about the patient, they are the hospitals records about the patient, and do not belong to the patient at all. The data protection (and all other laws and rullings in the NHS) mean the data is only available to those who have been given access, and a patient is not included in that list of people. In the same way, although you completed it, the information now contained on your exam script belongs to the exam board and is protected from unauthorised viewing. You are not authorised. But there are proccessed where you can be (with a charge)
 
http://www.foi.gov.uk/coverage.htm

The Freedom of Information Act applies to all 'public authorities' - this includes

•central and local government
•the health service
•schools, colleges and universities
•the police
•lots of other non-departmental public bodies, committees and advisory bodies.
You can ask for any information at all - but some information might be withheld to protect various interests which are allowed for by the Act. If this is case, the public authority must tell you that they have withheld information and why.

If you ask for information about yourself, then your request will be handled under the Data Protection Act instead of the Freedom of Information Act. You have slightly different rights to this information, different fees apply and public authorities have longer to respond to these requests.

Scotland has its own Freedom of Information Act, which is very similar to the England, Wales and Northern Ireland Act. If the public authority you want to make a request to operates only in Scotland then your request will handled under the Scottish Act instead.
http://www.foi.gov.uk/yourRights/exemptions.htm#40

Think somebody got thier facts wrong.
 
Last edited:
DPA != FoI

You can request the comments made on your exam, but not the script itself. Not entirely sure why that is, but it maybe something to do with re-using exam questions. Some institutions will allow you to review the script under supervision, some refuse completely and some don't care.

Marks/scores can also be obtained, but not until 40 days after the results are published. This is, I believe, to stop people attempting to gain an unfair advantage in obtaining prospective employment, etc.
 
I just thought it would be a reasonable request to obtain a copy of an exam paper I have completed for CIPFA Accountancy training to see where I have gone wrong. Also a qualified colleague has offered to help identify where I have gone wrong by looking at the paper which I cannot get. :(

When my work enquired about receiving this they were told that Data Protection Act gave them exemptions from doing so. Doing some research I found that it appears to be Schedule 7 (9) of the Act.

The only reason I can think of for this being refused is it would be a little chaotic if everyone asked for this, although in the aim for transparency I still think it should be receivable.

Nevermind that I think the body (CIPFA) I am with is a shambles and I would not necessary trust their marking anyway, and its convenient to not allow students to look over their scripts to see where marks were awarded and not awarded.
 
Gog said:
DPA != FoI

You can request the comments made on your exam, but not the script itself. Not entirely sure why that is, but it maybe something to do with re-using exam questions. Some institutions will allow you to review the script under supervision, some refuse completely and some don't care.

Marks/scores can also be obtained, but not until 40 days after the results are published. This is, I believe, to stop people attempting to gain an unfair advantage in obtaining prospective employment, etc.
Click to expand...

I am getting the comments made on it but thats of limited use if I can't see the actual script at the same time to see where things fit in.

In addition they do release the papers, model answers and examiner's reports.

To be quite frank I am not sure why I am getting the specific comments when they charge £115 per exam for this when what I really need is a copy of the exam script I completed.

Work has insisted that I get the comments and are paying for it although I have made my reservations known.
 
I was intruiged by the reasons behind the exemption, so did some digging.

Examination scripts are exempt from data subject access because they are statements from the students, not data about them
Click to expand...

Source

As you say, it is hardly helpful to the student and I would have thought that any decent institution would be doing what they can to assist development.
 
You must log in or register to reply here.
Back
Top Bottom