Is the A level algorithm legal? The Information Commissioner’s Office’s advice on using algorithms for decision making suggests it may not be

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The thought occurred to me this morning that the A level algorithm may be illegal under GDPR law, which I recalled having provisions on automated, data driven, decision making. This is what the Information Commissioner's Office say under the headline:

And they add this:

They then elaborate, saying this:

All of this is open to interpretation, of course. Option 3 in the last box seems the most likely fall back for OfQual. But so far there is no personal appeal allowed for resulting errors. The process is then in breach of these rules. I would suggest for that reason alone that what is happening is likely to be illegal.

But there is also a complete failure to provide to all A level students information on how their decision was reached. That too is a failure.

And it can fairly be said that consent was never sought for this process.

In that case the chance that this algorithmic process was legal looks to be low to me.

If anyone is planning a legal challenge this seems like the way to go to me.