One thing in particular struck me about the statement from the Information Commissioner’s Office (ICO) in response to the huge distress and uncertainty facing thousands of students and their families, following the announcement of A-level grades:
Anyone with any concerns about how their data has been handled should raise those concerns with the exam boards first, then report to us if they are not satisfied
In some ways, this is standard. Even the ICO’s “contact us” page leads a potential complainant through various stages before telling people who haven’t raised their concerns by “contacting the [offending] organisation in writing” to “Raise your concern with the organisation handling your information”.
Whilst I can understand the reason for this general approach (ICO’s resources are limited, and many complaints can no doubt be resolved at source), it is difficult to reconcile it with what the law requires the ICO to do. Article 77 GDPR says that a supervisory authority must handle complaints lodged by a data subject, and investigate, to the extent appropriate, the subject matter of the complaint. There is no caveat, no exemption. It does leave the option open for the ICO to handle a complaint, and choose not to investigate it all, but that is not what the ICO is doing here (and in its general approach).
But it must be said that sometimes, as it is permitted to, under Articles 57 and 58, the ICO does conduct investigations of its volition. It also has a range of powers, including the power to give an opinion to parliament and/or the government. Given that its Norwegian counterpart has indicated it will take strong action against the International Baccalaureate Organisation, I am hopeful that, as a new week of uncertainty for students approaches, the ICO will take this particular bit between its teeth, and properly investigate such a pressing issue.
The views in this post (and indeed most posts on this blog) are my personal ones, and do not represent the views of any organisation I am involved with.