Search Legislation

Data Protection Act 2018

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Cross Heading: Exam scripts and exam marks

 Help about opening options

Changes to legislation:

Data Protection Act 2018, Cross Heading: Exam scripts and exam marks is up to date with all changes known to be in force on or before 15 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Exam scripts and exam marksU.K.

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

(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 [F1UK 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 [F1UK 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 [F2UK 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.

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?