Accessing Information About Your Exam Results Under GDPR

The Government has recently announced that exams in England will not go ahead this year and instead teacher’s estimated grades will be used. This is likely to leave many feeling like they did not get the grades that they deserved. However, you may not be aware that under the General Data Protection Regulations (GDPR) you have a right to request data, via a Subject Access Request (SAR), relating to your performance at school or college.

Such documents may include:

1. Teacher’s assessments;
2. Written comments about provisional grades; and
3. Records of past performance.

By having access to these documents, you will be able to see how the teachers have justified the grades.

It is, however, important to note that when making a SAR to your school or college that you do not have a blanket right under the GDPR to all data/information. For example, you do not have a right to access any information you have recorded about yourself. This will mean that you do not have the right to access any answers for mock exams, assignments or assessments.

How do I make a SAR to my school or college?

A SAR can be made verbally to your school or college, however, it is advisable to make such a request in writing to ensure that you have a copy of the request, should you need to refer back to it.

The SAR can simply be a letter setting out the below information. If at all possible you should send the request to the individual or team who deal with SARs, such as a data protection officer. If it is not possible to find the details of the data protection officer you can simply address the letter to the school or college and request that it is passed to the data protection officer for their consideration.

What should you include within your data request to your school or college?

You should include:

• The date of your request (this will be relevant to any timescales for response);
• Your full name and address, together with any aliases you use (if relevant);
• Any information that will be helpful for the school or college to identify you;
• A list of what personal data you would like access to or alternatively you may simply state that you want all of your data. You need to keep in mind that if you are requesting all of your data it may take a school or college longer to respond to your request;
• Any details or relevant dates that may assist the school or college in identifying what data you are wanting;
• You should also include how you would like to receive the response, whether that be my email or post.

The above is not an exhaustive list but should give you an idea what you should include within your SAR.

Sometimes a school or college may respond to your SAR and ask for you to complete their standard form. Standard forms are not compulsory and are not always provided, however, you should complete the form when asked to help the school or college facilitate your request.

When must the school or college respond to your data request?

If the exam results have been announced, the school or college must respond to your request within one month.

If, however, you make the request prior to the results being announced, the school or college must respond within five months of your request or within 40 days of the results being announced (whichever is earlier).