Data Protection Act 2018

Exam scripts and exam marks

25 (1) The listed GDPR provisions do not apply to personal data consisting of information recorded by candidates during an exam.

(2) Where personal data consists of marks or other information processed by a controller—

(a) for the purposes of determining the results of an exam, or

(b) in consequence of the determination of the results of an exam,

the duty in Article 12(3) or (4) of the GDPR for the controller to provide information requested by the data subject within a certain time period, as it applies to Article 15 of the GDPR (confirmation of processing, access to data and safeguards for third country transfers), is modified as set out in sub-paragraph (3).

(3) Where a question arises as to whether the controller is obliged by Article 15 of the GDPR to disclose personal data, and the question arises before the day on which the exam results are announced, the controller must provide the information mentioned in Article 12(3) or (4)—

(a) before the end of the period of 5 months beginning when the question arises, or

(b) if earlier, before the end of the period of 40 days beginning with the announcement of the results.

(4) In this paragraph, “exam” means an academic, professional or other examination used for determining the knowledge, intelligence, skill or ability of a candidate and may include an exam consisting of an assessment of the candidate’s performance while undertaking work or any other activity.

(5) For the purposes of this paragraph, the results of an exam are treated as announced when they are first published or, if not published, first communicated to the candidate.