2020 Exam Appeals - Correct handling of requests for information

Be helpful whilst not breaching personal data obligations. In particular note that the right of access to personal data under GDPR will vest in the pupil rather than the parent. Anyone can make a request under the Freedom of Information Act 2000.

As regards requests for rank order in smaller cohorts or any statistical information, disclosure of this data might inadvertently disclose the personal data of others, and therefore care should be taken when dealing with such requests. Your data protection officer should be involved in this process, taking legal advice as necessary.

We also recommend including a link to the school’s Student Privacy Notice in the exam appeals document or communication regarding exams. This is because students are considered “vulnerable” under data protection law and it is therefore important that their rights in relation to data are made clear and transparent.

We have prepared a practical guide for schools on handling a SAR in the context of the Summer 2020 exam results. The pack contains detailed guidance, template responses, FAQs and key tips. More detail regarding the pack is available here.

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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