Jan O'Sullivan (Limerick East, Labour)
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Question 91: To ask the Minister for Education and Science the provisions, in view of a recent report (details supplied), she will make to supply schools with adequate storage facilities for student test scores; if an electronic database will be established alongside the hard copy files; if additional administrative staff will be appointed to manage, collate and store these files; and if she will make a statement on the matter. [33437/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The advice in the Guidelines on Assessment issued by the National Council for Curriculum and Assessment recommends to schools that they keep assessment information for 17 years, until the child enrolled has reached 21 years of age. This is not a legal requirement under the Data Protection Acts but rather stems from legal advice given by the Department to the NCCA in response to a query asking whether there was a statute of limitations for holding this type of information. The Statute of Limitations varies depending on the type of case. Where litigation arises for alleged failure to educate, the statute of limitations provides for a timeframe equal to 3 years after the child's 18th birthday — ie when the child reaches 21 years of age. It is for this reason that the guidelines advise schools to hold information on assessment until the pupil reaches 21 years of age. Data Protection requirements also specify that personal information may not be kept for any longer than necessary.

The guidelines on storage relate to a one page summary for each child showing how they performed in the test. The test booklets themselves do not have to be stored. The volume of documentation which should be retained is therefore not excessive for an individual pupil. This information can also be recorded electronically or scanned for electronic filing. All schools have access to computer facilities for administrative purposes.

The Guidelines were approved by the Council of the NCCA prior to the launch. Therefore, unions, management bodies, parents' council and other representative bodies had the opportunity to examine them fully before finalisation. These are Guidelines for teachers. I do not believe this issue will give rise to significant difficulties, but if such arise, my Department will be happy to examine the matter in collaboration with the partners in education.