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PostPosted: Sat Mar 08, 2008 8:51 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
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The Freedom of Information Act and the Data Protection Act are often confused.

The Freedom of Information Act (FOI) applies to non-personal information.
There are exceptions to the provisions of the Act. For example, appeal panels are exempt.

The Data Protection Act (DPA) applies to personal data. Put simply, this means that the "subject" of personal data held by public authorities (i.e. your child, and by extension, you) can request that that personal data be released to them.

However, there are some permitted exceptions:
www.ico.gov.uk/Home/what_we_cover/data_ ... ation.aspx

In particular, exam scripts are exempt from the DPA (although authorities can make them available at their discretion).

Schedule 7 of the DPA, says among other things that the public authority does not have to release exam/test results until five months after the "relevant day". (The relevant day is the date on which the data controller has both a properly submitted request for information and the information itself.)

So, if you are in a situation where you are tired of waiting for the 11+ results to be announced, unless five months have elapsed after the "relevant day", you cannot use the DPA to get hold of the results in advance of the normal date!

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PostPosted: Sun Mar 09, 2008 8:08 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7059
The Clerk’s Notes

According to the Appeals Code of Practice:

“Where a request has been made under the Data Protection Act for access to personal data contained in the records of proceedings, whether that data should be disclosed will depend on a number of factors including: the identity of the person making the request; the nature and individual circumstances of the appeal; the way in which the data is held; and the interests of any third parties identified in the data. Appeal panels or clerks may therefore wish to obtain their own legal advice before responding to such a request.â€

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