Want to know more about your grades? You have the right...

Under the Data Protection Act students can see information held about them, such as a breakdown of their marks, by making a subject access request to the examination body.

Deputy commissioner and director of data protection David Smith said: “Results day can be an exciting time for many students but it can also be a time of great stress for those who don’t get the marks they require.

“That is why we are reminding students that they have a right under the Data Protection Act to see information held about how their marks were arrived at, before deciding whether to re-sit an exam or pursue a particular subject at college or university.

“Having access to information – such as a breakdown of their overall mark and examiners’ comments – may not lead to their grades being altered but it could help them understand the process and make important decisions about their future.

“We are keen to provide advice to students on submitting their request and have published guidance on our website. If examination bodies fail in their legal duty to respond, then students can bring a complaint to the ICO.”

Under the Act, individuals have the right to request the information that an organisation holds about them – known as a subject access request. Once a request is received an organisation generally has 40 days to respond. In the case of exam results, exam bodies must respond within 40 days from the date the results were published or within five months of the request being received - whichever of the two is the earliest.

The ICO’s guidance – ‘Individuals’ rights of access to examination records’ – outlines how people can access more general information about college or university policies or procedures. {This guidance can be found at http://www.ico.gov.uk/for_the_public/topic_specific_guides/schools/exam_results.aspx}

The ICO has also produced guidance for schools and universities, explaining their responsibilities under the Data Protection Act – including what actions they should take when receiving a subject access request – which can be found at:

http://www.ico.gov.uk/for_organisations/sector_guides/education.aspx