7(1)(q)

How the Public Access Counselor has treated 7(1)(q)

Section 7(1)(q) covers examination data, including test questions, scoring keys and other materials used to assess qualifications for employment or licensing. In the decisions, this has included written qualification test questions and structured interview questions used to evaluate job candidates.

The PAC has generally upheld withholding or redacting this material when release could compromise the examination process. It agreed that a sheriff's office could redact qualification test questions from emails to prevent cheating, that a school district could withhold teacher interview questions about diversity, equity and inclusion, and that a city could withhold examination-related portions of business licensing and enforcement records along with other exempt material. Non-exempt portions were still to be provided where possible.

At a glance: 5 documents(0 binding opinions, 5 determination letters). Most often cited alongside: 7(1)(b) (Private information) (2); 7.5(q) (Statutorily-confidential record set referenced via Sec. 7.5(q)) (1); 7(1)(c) (Personal privacy) (1); 7(1)(j)(iv) (Faculty course/research materials) (1); 7(1)(m) (Attorney/auditor communications and litigation-preparation materials) (1).

Recurring issues

• Whether actual qualification test questions contained in emails may be redacted to prevent cheating or compromising the test. (Redacted qualification test questions from emails)
• Whether structured interview questions used to evaluate teacher candidates count as examination data. (Interview questions for teacher candidates)
• Whether examination data exemption applies alongside other exemptions to portions of business licensing and enforcement records. (Records on business transfer verification and tobacco licensing)

Practical points

• A requester seeking employment qualification materials should expect test questions to be redacted even when surrounding emails are provided.
• A public body using set interview questions to score candidates may withhold those questions under section 7(1)(q).

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.