With the imminent publication of examination results on the horizon the Data Protection Commissioner wishes to inform students of their rights under the Data Protection (Bailiwick of Guernsey Law, 2001 to access their examination records.

Examination records are personal data. The law allows students to have access to examiners’ comments whether on an examination script or on a separate marking sheet, minutes of examination appeals panels and, of course, examination marks.

There are two exemptions for certain exam-related information which schools, colleges and universities can use.

The first exemption is that students cannot have access to “information recorded during an academic, professional or other examination” (Schedule 6 (9) of the Law); this means that there is no right of access to the actual examination script.

The second exemption concerns examination marks. Students may make a request in writing to be informed of their examination results. What the Law states here (Schedule 6 (8)) is that the educational institution concerned must respond within:

- five months of the date of the request; or
- 60 days of the date the results are published; whichever is the earlier.

If the educational institution is UK based then it will be 40 days of the date the results are published.

The purpose of this exemption is to prevent students getting their results before they are published. If the exemption did not exist educational institutions would have to respond within 60 days or 40 days (if based in the UK) as this is the prescribed period within the Law to respond to a subject access request. Therefore, but for the exemption, some individuals could obtain their marks early to gain an advantage over prospective competitors in the employment market or in the admissions process to an educational institution.

The Commissioner also wishes to stress that any policy of withholding examination marks from students who have not paid examination or course fees will be in breach of the Law. Providing an individual with his or her results is not the same as awarding a degree or other qualification.

Contact information

Data Protection Office
P.O. Box 642
Frances House
Sir William Place
St. Peter Port
Guernsey
GY1 3JE