Data protection laws give students the right to access examiner comments, ICO says

Under provisions within the Data Protection Act organisations must provide a copy of personal information they hold about an individual when that person requests access to it. Organisations generally have 40 days to respond to access requests. Examination bodies must respond within 40 days of exam results being published or within five months of receiving a request, whichever is earliest, the UK's data protection watchdog said.

Provisions within the Act also give students the right to let their parents make personal data access requests on their behalf. Organisations must treat these parental requests as if it has come from the student themselves. Parents that request to see educational records about their children should not be given access to it unless the child gives their consent or is unable to act on their own behalf.

The ICO publicised the students' rights on Thursday to coincide with the release of A-Level results in England, Wales and Northern Ireland.

“We’re using results day to remind students that they have a right under the Data Protection Act to see information about their results," David Smith, Deputy Commissioner for Data Protection at the ICO said in a statement.

"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 make decisions that impact on their future, such as deciding to re-sit an exam or pursue a particular subject at college or university,” Smith said.
 
“This right doesn’t just apply to A-level exams. Students sitting GCSEs, Scottish Highers and degree examinations can also request to see their information. If examination bodies fail in their legal duty to respond then students can bring a complaint to the ICO and we will look into it,” Smith said.