Students and information

Harvey Slater made this Rhyddid Gwybodaeth request to University of Essex

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn llwyddiannus.

Dear University of Essex,

1. Please explain the steps that the university took last summer, prior to the main autumn enrolment period, to comply with Paragraphs 39, 45, 46, and 52 of the following Office for Students guidance, with particular reference to obtaining consent from students for changes to the material information.

https://www.officeforstudents.org.uk/med...

2. Please supply a copy of the review that you were asked to carry out during the first half of the spring term of your compliance with consumer protection law, as required in this letter from the Office for Students.

https://www.officeforstudents.org.uk/med...

Yours faithfully,

Harvey Slater

Freedom Of Information Requests, University of Essex

Dear Harvey,

Thank you for your enquiry dated 22 February, received by us on the same date concerning students, material course information and consumer protection law compliance here at the University of Essex.

Your request will be handled under the Freedom of Information Act 2000. We will, of course, endeavour to respond as soon as possible and within 20 working days (23 March 2021) but please note that due to the current circumstances there may be a delay in our response. In the event of any delay, we will, of course, keep you updated.

In the meantime if you have any questions about your request, please let me know.

Kind regards,

Katie Trafford
Freedom of Information Team
Innovation & Technology Solutions
University of Essex
Wivenhoe Park
Colchester
Essex
CO4 3SQ

dangos adrannau a ddyfynnir

Dear Freedom Of Information Requests,

This is a reminder that by law you should have responded promptly and by 22 March 2021

Yours sincerely,

Harvey Slater

Freedom Of Information Requests, University of Essex

Dear Harvey

Thank you for your email reminder. By my calculations and as per my acknowledgement below the due date for our response is today. We are currently working on our response and hope to be able to get it to you as soon as we can.

Best wishes
Clare Chatfield, BA (Hons), PC.foi
Freedom of Information Team
Innovation & Technology Solutions
University of Essex
Wivenhoe Park
Colchester
Essex
CO4 3SQ
 
T +44 (0)1206 872285
E [University of Essex request email]

dangos adrannau a ddyfynnir

Freedom Of Information Requests, University of Essex

1 Atodiad

  • Attachment

    University of Essex Freedom of Information Request Review of Compliance with Consumer Law Report and Apps Redacted.pdf

    4.8M Download View as HTML

Dear Harvey

 

Thank you for your enquiry dated 22^nd February, received by us on the
same date concerning students and information here at the University of
Essex.  Your request is being handled under the Freedom of Information Act
2000.  Please accept our apologies for the slight delay in sending our
response to you.  Please see our response below.

 

1. Please explain the steps that the university took last summer, prior to
the main autumn enrolment period, to comply with Paragraphs 39, 45, 46,
and 52 of the following Office for Students guidance, with particular
reference to obtaining consent from students for changes to the material
information.

 

[1]https://linkprotect.cudasvc.com/url?a=ht...

 

In preparation for academic year 2020/21 our academic departments
developed academic delivery plans for their programmes of study in
dual-mode (on-campus and off-campus study) that would:

 

i. Ensure a consistently excellent quality of learning and student
experience for students who are learning through each delivery mode,
including those who would need to transition between modes.

ii. Manage the additional demands associated with dual-mode delivery and
rapid implementation of blended learning; within a context that is likely
to include periods of enhanced or advanced protection.

iii. Ensure that the plans are resilient and able to maintain the quality
of the learning experience in the event of periods of staff illness or
absence from campus.

 

Prior to the start of academic year 2020-21, Senate and Council agreed our
dual delivery plan. This was based on a blended learning approach for the
whole of the year, allowing the balance between face-to-face and on-line
learning to be flexed, to ensure that students were able to progress their
studies safely and in a manner that best reflects the pedagogic
requirements of subjects and courses.

 

Through a series of centrally-managed communications we informed students
and offer-holders of the changes to their education delivery that had been
brought about by the pandemic.  These communications covered:

+ Explaining dual-delivery and face-to-face teaching
+ Student experience
+ Accommodation (we provided generous and flexible options for students
with University accommodation contracts)
+ Overview of our priorities
+ Departmental contact

 

Prospective students were presented with a structure of what they might
expect in October 2020, with information on how they would be notified
should 2020/21’s educational provision be slightly different to this.

 

We added a new line to the declaration section of the online registration
system where students were asked to tick and agree to the following :-

“I confirm that I have been made aware of and consent to any material
changes that the University has made to my course and modules in response
to the COVID-19 pandemic”.

 

This enabled any questions to be resolved prior to students starting /
returning to study.

 

2. Please supply a copy of the review that you were asked to carry out
during the first half of the spring term of your compliance with consumer
protection law, as required in this letter from the Office for Students.

 

[2]https://linkprotect.cudasvc.com/url?a=ht...

 

Please find attached a PDF document which provides a copy of the Review
and the appendices that accompanied it.  You will see that a small amount
of the information has been redacted. This is because the University
considers that this information is exempt from disclosure on the grounds
set out in Section 40(2) of the Freedom of Information Act.  This
information contains personal data of those to whom they relate and
disclosing this information would breach one of the data protection
principles in the Data Protection Act 2018.  We are therefore refusing to
provide this information under Section 40(2) of the Freedom of Information
Act 2000.  This exemption covers the personal data of third parties where
complying with the request would breach any of the principles in the Data
Protection Act and provides that:

 

 

(2)        Any information to which a request for information relates is
also exempt information if-

 

 a. It constitutes personal data which do not fall within subsection (1)
and
 b. Either the first or the second condition below is satisfied.

 

(3A)      The first condition is that the disclosure of the information to
a member of the public otherwise than under this Act –

 

 a. Would contravene any of the data protection principles, or
 b. Would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
disregarded.

 

3B)       The second condition is that the disclosure of the information
to a member of the public otherwise than under this Act would contravene
Article 21 of the GDPR (general processing: right to object to
processing).

 

In this case we believe that disclosure of the information would result in
a breach of the first data protection principle, as stated in the Data
Protection Act 2018 (the DPA):

 

            Personal data shall be processed fairly and lawfully and, in
particular, shall not be processed unless-

 

 a. At least one of the conditions in Schedule 2 is met, and
 b. In the case of sensitive personal data, at least one of the conditions
in Schedule 3 is also met”

 

The information in question is personal data, therefore, for the
processing to be fair and lawful it must meet at least one of the
conditions in Schedule 2 and one of the conditions in Schedule 3 of the
DPA.  In this case we do not believe that any of the Schedule 3 conditions
are applicable to the processing (ie the disclosure) of the personal data
in question, which leads us to conclude that it would be unlawful to
disclose the information requested.

 

This exemption is not subject to the public interest test.  Further
guidance can be found on the Information Commissioner’s website at
[3]https://ico.org.uk/for-the-public/offici....

 

I am sorry that we are unable to provide you with all of the information
that you requested.  You have a right to ask us to review this decision
within 40 working days of receipt of this response and you can do that by
contacting our Registrar & Secretary, Bryn Morris, through
[4][email address]. If you are not satisfied with the outcome of a
review then you have a further right of complaint to the Office of the
Information Commissioner at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone:        08456 30 60 60

Or                     01625 54 57 45

 

Website:           [5]www.ico.org.uk

 

There is no charge for making an appeal.

 

Best wishes

Clare Chatfield, BA (Hons), PC.foi

Freedom of Information Team

IT Services

University of Essex

Wivenhoe Park

Colchester

Essex

CO4 3SQ

 

T +44 (0)1206 872285

E [6][University of Essex request email]

 

 

 

 

 

 

 

 

 

 

 

 

 

References

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1. https://linkprotect.cudasvc.com/url?a=ht...
2. https://linkprotect.cudasvc.com/url?a=ht...
3. https://ico.org.uk/for-the-public/offici...
4. mailto:[email address]
5. http://www.ico.org.uk/
6. mailto:[University of Essex request email]