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Kent 11+ results data for the 2018 Kent Test.

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Dear Kent County Council,

Please can you send me the anonymised pupil results data for the 2018 Kent Test.
I would like an Excel file with school name and scores for all candidates broken down by subject (English, Maths, Reasoning), and a total score, with a column indicating if they were G or H, and a further column indicating their gender.

Yours faithfully,

Ati

 

Information request
Our reference: 3918768

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Dear Sir/Madam
 
Freedom of Information Act 2000
 
Thank you for your email which we received on 16 October 2018.
 
Kent County Council acknowledges your request for information under 
the Freedom of Information Act 2000.  Assuming KCC holds this information,
we will endeavour to supply the data to you as soon as possible but no
later than 13 November 2018 (20 working days from date of receipt).
 
We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information.
 
Please quote our reference - 3918768 in any communication regarding this
particular request.
 
Yours faithfully
 
 
Carly Wattle
Information Access Officer
Strategic and Corporate Services
+443000417061
 
NOTE: Please do not edit the subject line when replying to this email.

1 Attachment

 

Information request
Our reference: 3918768

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Dear Sir or Madam
 
Thank you for your request for information received on 16 October 2018.
 
Please find attached our response to your request.
 
Yours faithfully
 
 
Kirsty-Leigh Robertson
Information Access Officer
Strategic and Corporate Services
+443000418301
 
NOTE: Please do not edit the subject line when replying to this email.

Dear Kent County Council,

Thanks for ur reply but I'm not satisfied by the response as I don't see how this would constitute a breach of the Data Protection Act 2018 if you are not providing the names of the pupils.

All I require is schools, gender and standardised scores

Yours sincerely,

Ati

Joanne Bartley left an annotation ()

KCC are giving this data protection refusal to every Kent Test FOI request this year, despite providing exactly this information for many years. You are quite right to challenge this, it is not possible to identify a pupil from scores when no name is attached.

 

Information request
Our reference: 3918768

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Dear Sir/Madam
 
Thank you for your request for a review received on 31 October 2018. I am
sorry that you are dissatisfied with our response to your request under
the Freedom of Information Act 2000
 
I can confirm that an independent officer will review our response taking
into consideration your comments and we will aim to provide you with a
response by 28 November 2018.
 
Yours faithfully
 
 
Pauline Banks
Information Governance Specialist
Strategic and Corporate Services
+443000415811
 
NOTE: Please do not edit the subject line when replying to this email.

Peter J Read left an annotation ()

This is not true. I have had concerned and distressed families contact me for years as others take the trouble, for some bizarre reason, to try and attribute their scores to every one in the class from information they can pick up. This is a clear breach of personal privacy and I have campaigned against it for years even when KCC refused to take note. Last year they were forced to backtrack following a successful complaint to the Information Commission and are now following (mainly correctly) the proper rules.

 

Information request
Our reference: 3918768

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Dear Sir or Madam

Further to your complaint dated 31^st October 2018, I have been tasked
with carrying out an independent review of the Council's response to your
request for information; this is in accordance with your rights under the
Freedom of Information Act 2000 (FOIA).

Before I address the outcome of the review I would like to offer our
apologies for the delay in responding to you.  Our team have experienced
some unforeseen circumstances recently that have created short
term delays and we are sorry for any inconvenience this may have caused
you.

Turning now to my review, on 17^th October 2018 you asked Kent County
Council (KCC) to provide you with documentation relating to anonymised
pupil results data for the 2018 Kent Test. You asked for the information
to be provided in an Excel file with school name and scores for all
candidates broken down by subject (English, Maths, Reasoning), and a total
score, with a column indicating if they were G or H, and a further column
indicating their gender.

We provided a response to your request on 19^th October 2018 (within time
scales) advising that to provide this information broken down could
potentially identify individual pupils and therefore disclosure would
constitute a breach of the Data Protection Act 2018. As a result the
requested information is exempt from disclosure under section 40(2) of the
Freedom of Information Act 2000 on the grounds that it is personal
information.

As part of our original response we confirmed that the Kent Test results
for 2018 were published on our website:
[1]http://www.kent.gov.uk/education-and-chi...
and therefore the Council was relying on Section 21 of the Freedom of
Information Act 2000 as that information would be accessible via
alternative means.

In your email dated 31^st October you indicated your dissatisfaction with
our response to your request suggesting that you could not see how the
information would constitute a breach of the Data Protection Act 2018.

As part of my review I have considered the information you have requested
and taken account of your comments and although you asked for the
information in an anonymised form, the disclosure will still reveal other
potentially identifying factors for example name of school, numbers under
5 that combined with other information could identify individual pupils.

Following a complaint from a parent to the Information Commissioner (ICO)
it has been necessary for KCC to reconsider the extent to which we
disclose Kent Test related data.

Following their investigation the ICO wrote to KCC in January 2018
advising that where KCC is publishing Kent Test results, the publication
allows for some people to identify some students and the results that they
have achieved. As a result they advised that it appears KCC may have
breached the Data Protection Act 1998 and we were required to consider
both the complaint in question and review the way in which this data is
published.

Taking the ICO's advice into account, along with our obligations under the
new Data Protection Act 2018 (DPA 2018) and the General Data Protection
Regulations (GDPR) that together form part of the current data protection
regime in the UK, we consider disclosure of the information you have asked
us for will, or will be likely to enable the identification of individual
students.

As a result disclosure on this occasion would place KCC in breach of our
data protection obligations, specifically Article 5(1) of the GDPR that
says:

'1. Personal data shall be:

(a) processed lawfully, fairly and in a transparent manner in relation to
the data subject ('lawfulness, fairness, transparency')'

In concluding my review I am of the opinion that KCC was correct to
withhold the information you have requested on the basis that disclosure
would breach our obligations under the data protection legislation and we
are therefore unable to uphold your complaint.

If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
http://www.ico.gov.uk/complaints/freedon...
 
Helpline on 0303 123 1113
 
Yours faithfully
 
 
Pauline Banks
Information Governance Specialist
Strategic and Corporate Services
+443000415811
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. http://www.kent.gov.uk/education-and-chi...

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