Exam Boards: Subject Access Policy
Dear Exam Board
Please can you respond to this request for information, under the standard FOI Act 2000 terms and timing.
Please can you provide your policy (If available as a document or web page, otherwise, in free text reply) on the treatment of taken / entered examination papers and requests for access by
a) the exam candidate
b) the exam candidate's supporting staff / school.
1. Do you release the exam papers on request?
2. If yes, with what content -- please outline differences if there are any, where the data provided are handwritten or typed or multiple choice (from candidate / examiner) -- please also note whether any content may be redacted as standard practice
3. If yes, do you make any charge for this, and if yes on what lawful basis do you rely for this?
4. Have you informed candidates / settings of your policy and how if at all, the papers may be a) processed in or outside the UK b) for any secondary purposes c) for use by whom d) retention and destruction periods?
5. Do you use the exam papers for machine learning purposes / training AI or similar; or other product development beyond responding to the candidate with a mark?
Many thanks.
Sincerely,
Jen Persson
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> From: [5][FOI #490092 email]
> Sent: 08/06/2018 00:00:00
> To: pqs.internationaleo
> CC:
> Subject: Freedom of Information request - Exam Boards: Subject Access
Policy
> Dear Exam Board
Please can you respond to this request for information, under the standard
FOI Act 2000 terms and timing.
Please can you provide your policy (If available as a document or web
page, otherwise, in free text reply) on the treatment of taken / entered
examination papers and requests for access by
a) the exam candidate
b) the exam candidate's supporting staff / school.
1. Do you release the exam papers on request?
2. If yes, with what content -- please outline differences if there are
any, where the data provided are handwritten or typed or multiple choice
(from candidate / examiner) -- please also note whether any content may be
redacted as standard practice
3. If yes, do you make any charge for this, and if yes on what lawful
basis do you rely for this?
4. Have you informed candidates / settings of your policy and how if at
all, the papers may be a) processed in or outside the UK b) for any
secondary purposes c) for use by whom d) retention and destruction
periods?
5. Do you use the exam papers for machine learning purposes / training AI
or similar; or other product development beyond responding to the
candidate with a mark?
Many thanks.
Sincerely,
Jen Persson
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Dear Ms Persson
Our Ref: FO35
Thank you for your enquiry requesting information under the
Freedom of Information Act. We are not a public body for the purposes of
the Act and as such, are not subject to it. However, we are able to
advise you on the questions that you have asked.
We have a process for subject access requests. A data subject can apply
for one directly with us or can provide consent for us to disclose it to a
third party on their behalf. We do not have a policy to provide to you.
Under the Data Protection Act (2018), we are exempt from providing
examination scripts to the exam candidate on request and trust this link
can assist you further
[1]http://www.legislation.gov.uk/ukpga/2018...
In line with the above, this exemption means that Pearson is exempt from
the provisions of providing information to the individual in relation to
your 4^th and 5^th questions.
We have an obligation to notify data subjects of the processing activities
that we undertake and we already do this. Please refer to the JCQ General
Regulations for Approved Centres here
[2]https://www.jcq.org.uk/exams-office/gene...
Please also note that Results and certificate grade statistics that we
publish are available on our website here:-
[3]https://qualifications.pearson.com/en/su...
Ofqual, regulator of examinations, qualifications and assessments in
England and of vocational qualifications in Northern Ireland also
publishes statistics on its website which can be accessed through the link
below:-
[4]https://www.gov.uk/government/statistics...
Thank you
Yours sincerely
Blen Carr
Data Protection Department
Pearson
80 Strand
London
WC2R ORL
Learn more at pearson.com
[5]Pearson
From: Jen Persson <
[6]
[FOI #490092 email]>
Date: Fri, Jun 8, 2018 at 11:05 AM
Subject: Freedom of Information request - Exam Boards: Subject Access
Policy
To: FOI requests at Edexcel <[7][Edexcel request email]>
Dear Exam Board
Please can you respond to this request for information, under the standard
FOI Act 2000 terms and timing.
Please can you provide your policy (If available as a document or web
page, otherwise, in free text reply) on the treatment of taken / entered
examination papers and requests for access by
a) the exam candidate
b) the exam candidate's supporting staff / school.
1. Do you release the exam papers on request?
2. If yes, with what content -- please outline differences if there are
any, where the data provided are handwritten or typed or multiple choice
(from candidate / examiner) -- please also note whether any content may be
redacted as standard practice
3. If yes, do you make any charge for this, and if yes on what lawful
basis do you rely for this?
4. Have you informed candidates / settings of your policy and how if at
all, the papers may be a) processed in or outside the UK b) for any
secondary purposes c) for use by whom d) retention and destruction
periods?
5. Do you use the exam papers for machine learning purposes / training AI
or similar; or other product development beyond responding to the
candidate with a mark?
Many thanks.
Sincerely,
Jen Persson
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #490092 email]
Is [9][Edexcel request email] the wrong address for Freedom of
Information requests to Edexcel Limited? If so, please contact us using
this form:
[10]https://urldefense.proofpoint.com/v2/url...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[11]https://urldefense.proofpoint.com/v2/url...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[12]https://urldefense.proofpoint.com/v2/url...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. http://www.legislation.gov.uk/ukpga/2018...
2. https://www.jcq.org.uk/exams-office/gene...
3. https://qualifications.pearson.com/en/su...
4. https://www.gov.uk/government/statistics...
6. mailto:[FOI #490092 email]
7. mailto:[Edexcel request email]
8. mailto:[FOI #490092 email]
9. mailto:[Edexcel request email]
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Dear Data Protection, UK,
thank you for your reply. In your Ref: FO35 you said:
"Under the Data Protection Act (2018), we are exempt from providing examination scripts to the exam candidate on request". With reference to http://www.legislation.gov.uk/ukpga/2018... (page 176) Data Protection Act 2018 (c. 12)Schedule 2 — Exemptions etc from the GDPR, Part 4 — Para 25 (1).
This is not entirely correct. The exemption to the listed GDPR provisions only applies to personal data consisting of information **recorded by candidates" and "during an exam**. Personal data therefore provided by Pearson on the paper, recorded by the examiner, or other third parties, or provided at a time separately from the examination time period, are NOT exempt.
Your statement is further incorrect to suggest that, "this exemption means that Pearson is exempt from the provisions of providing information to the individual in relation to your 4th and 5th questions."
The questions 4 and 5 do not relate to subject access, but to fair and lawful processing. Please can you therefore reply to 4 and 5 in the original FOI request:
4. Have you informed candidates / settings of your policy and how if at all, the papers may be
a) processed in or outside the UK
b) for any secondary purposes
c) for use by whom
d) retention and destruction periods?
I suggest the privacy policy provided to candidates would fulful this purpose and since examinations are underway, now after the enforcement date of May 25, we whould be able to see a current copy.
5. Do you (Pearson or any third-party affiliates) use the exam papers for machine learning purposes / training AI or similar; or other product development beyond responding to the candidate with a mark?
Thank you.
Sincerely,
Jen Persson
Dear Ms Persson
Thank you for your further enquiry.
As stated in my earlier email, we are not subject to Freedom of
Information legislation but provided you with information in relation to
your enquiry, this included the JCQ document with the privacy notice.
We are therefore unable to assist you. However, I attach a link to the
ICO service on Freedom of Information if you require further
clarification
[1]https://ico.org.uk/for-organisations/gui...
Yours sincerely
Blen Carr
Data Protection Department
Pearson
80 Strand
London
WC2R ORL
Learn more at pearson.com
[2]Pearson
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