Introduction

This guidance details the principles providers should follow when using any additional (unpublished) data submitted by their own students in the 2005-2022 National Student Surveys (NSS). This document also covers data from the additional bank of questions and provider-specific questions, which some providers also opt to use. The NSS data dissemination portal makes a range of data available. Some of this data is not published on the Office for Students (OfS) or Discover Uni websites. This includes:

• Anonymised student comments.
• Data from the additional bank of questions, which some providers also opted to use.
• Data from the provider-specific questions, which some providers also opted to use.
• Data that does not make the ‘reliability threshold’ used to publish NSS results. Prior to NSS 2015, the ‘reliability threshold’ was at least a 50 percent response rate and at least 23 responses. From NSS 2015, the ‘reliability threshold’ is at least a 50 percent response rate and at least 10 responses.

This guidance aims to:

Explain the allowed usage of data published on the NSS data dissemination portal, which is not available on the Discover Uni site.

Offer information on where to go for guidance on responding to requests for such information under the Freedom of Information Act 2000 (FOIA) and the Freedom of Information (Scotland) Act 2002 (FOISA).

Guidelines for provider and students' union on the use of NSS data in public materials:

The use of NSS results publicly in marketing and publicity materials is subject to several restrictions, depending on the type of data.

Please note that the publication thresholds (a minimum 50% response rate and at least 10 students) must be adhered to at all levels. Any results below this threshold may not be published.

Published NSS data – results of the core NSS questions (Q1 through Q27) at course-level:

• These results can be used in marketing materials and may be attributed to the NSS.
• Publication thresholds of a 50% response rate and 10 responses must be adhered to.
• Open text comments may be paraphrased in marketing materials, as long as they do not identify any individuals and are not attributed to the NSS.

Unpublished NSS data – optional bank questions, the provider-specific questions:

• These are largely for internal purposes only, to identify and develop activities for quality enhancement.
• These results, however, can still be used in marketing materials but may not be attributed to the NSS.
• Publication thresholds of a 50% response rate and 10 responses must be adhered to.
• Open text comments from these sections may not be used in marketing materials.

Guidelines for use of COVID questions:

The 2021 NSS included 6 additional questions relating to students’ experience during the COVID-19 pandemic. The results of these questions were not published at provider level due to variations in response rates across the sector. These results are available through the NSS Results Portal and are largely for internal enhancement purposes only. However, they may be used publicly in marketing and publicity materials, subject to the following:

• Publication thresholds (a minimum 50% response rate and at least 10 students) must be adhered to at all levels. Any results below this threshold may not be published.
• When deciding whether to publish COVID question responses, due consideration should be given to the reliability of the result, and whether they provide helpful information to those who will see the data.  This is for providers to determine, as it has not been assessed by the OfS.

Note: The COVID questions were only collected in 2021, but will remain on the portal for historic and reporting purposes. Data is only stored for the 2021 year.

The OfS and providers are subject to the FOIA and FOISA, which provides public access to information held by public authorities. When dealing with requests for information under FOIA and FOISA relating to the NSS data, providers should take guidance from their information governance practitioner and, where applicable, the appropriate regulatory body with responsibility for upholding information rights; the Information Commissioner’s Office for FOIA, and the Scottish Information Commissioner for FOISA. Where appropriate, providers should inform the OfS of requests to help ensure any responses are aligned.

Providers will need to consider any exemptions to the disclosure of information not published on the Discover Uni or OfS websites, and whether additional information should be provided:

• With regards to statistical data, the OfS does not publish data below the reliability threshold (50 per cent response rate and at least 10 students responding) because this may misinform student choice. If providers decide to disclose this information, they may wish to provide the requester with additional context by making reference to OfS policy.
• With regards to personal data, disclosure may be exempt under FOIA section 40(2) or FOISA section 38(2) (personal data relating to third parties).

Personal Data:

Personal data must be processed in accordance with the provisions of the General Data Protection Regulation and UK Data Protection Act 2018. Providers should take guidance from their information governance practitioner and, where applicable, the Information Commissioner’s Office, who have responsibility for upholding information rights.

The NSS privacy statement informs students that their responses will be used solely for research purposes, and all results will be anonymised and provided in the form of statistical information only. Providers should bear in mind that although names are removed from the responses and feedback, it may still be possible for those working at a provider to identify themselves and others. Additionally, data below the reliability threshold may be in such small numbers it could identify individuals. Users should not use or manipulate the data to attempt to identify individuals, or in a way that it is likely to facilitate their inadvertent identification.

Copyright and Right in Databases Regulations:

The OfS, on behalf of the Higher Education Funding Council for Wales (HEFCW), the Department for Economy, Northern Ireland (DfENI), the Scottish Funding Council (SFC) and participating private higher education providers, wishes to exercise its right to prevent unauthorised extraction and/or re-utilisation of the whole or a substantial part of the NSS database. This right is described in the Statutory Instrument 1997, No. 3032 (The Copyright and Rights in Databases Regulations 1997). The other UK HE funding bodies have unlimited access to the database for their own purposes. Texuna may use the database for purposes in connection with the NSS while under contract to the OfS.” Providers and named students’ unions should only use the database for the purposes described. The OfS reserves the right to take action available to it under the regulations in respect of any infringements of these guidelines.

Process:

Access to the additional data is via a password-protected portal operated by Texuna. If you are one of the nominated data dissemination portal contacts and have not received a password, please complete the service request form found: https://nss.texunatech.com/accessrequest.

The nominated NSS data dissemination portal super user at your provider may create up to 30 users; however, this super user must ensure that these individuals are also aware of this guidance.

National Student Survey Pre and Post 2017:

Following a major review, the NSS was substantially revised in 2017. These are the first major changes to the survey since its establishment in 2005.

The 2017 survey, therefore, used a different main questionnaire from that used in 2016 and previous years. The 2017 questionnaire can be downloaded from www.hefce.ac.uk/pubs/Year/2016/CL,302016/

The main changes to the survey in 2017 were:

• Inclusion of 9 new questions on student engagement
• Amendment of questions on Learning Resources and on Assessment and Feedback
• Removal of largely duplicative questions
• Transfer of personal development questions to optional banks.

While some questions within the survey have remained the same, including the final question on overall satisfaction (previously Q 22, now Q 27), the following caveats apply to the data and to its use.

• Comparison of data: It is not valid to compare question level responses from 2017 with those from 2016 or previous years and such comparisons should not be undertaken.  We do not endorse any presentations of the data which compare or aggregate question-level data in this way.
• Time series: As the questionnaire has changed, it is no longer statistically robust to create time series data at question level that includes 2017 data alongside data from previous years, even where the questions remained unchanged.
• Question level aggregation: Question level responses from 2017 should not be directly aggregated with (compiled together with) data from 2016 or previous years.

Please note that if no data is available for a particular course or provider where students were surveyed, the data did not meet publication thresholds. This does not reflect on the quality of the course or provider. It may be because the course is new or it is small, or we have not received enough survey responses.

Guidelines for institutions and students’ unions on the use of additional (unpublished) data

The additional data are made available for internal purposes aiding with enhancement processes, for instance to allow for the identification and to inform improvement activities for better quality management.

Institutions may use the results of the optional scale questions publicly in marketing and publicity materials. However, the following principles must apply:

• A publication thresholds of 50% and 10 responses must be adhered to.
• Institutions may not report these results as National Student Survey results.

Institutions may not use free text comments made in response to either an institution specific open question (if selected) or the question ‘Looking back on the experience, are there any particularly positive or negative aspects you would like to highlight?’ in publicly available materials, in order to preserve the anonymity of students.

Enquiries under the FOIA and FOISA

When addressing enquiries under the FOIA and FOISA in relation to National Student Survey Data, institutions and students’ unions are encouraged to take guidance from an expert in FOIA and where necessary seek legal advice. Institutions and students unions are also ask to inform HEFCE when considering whether to disclose information.

Qualitative Data
When addressing enquiries under the FOIA and FOISA in relation to the anonymised qualitative data (individual student comments), institutions and students’ unions may wish to consider whether these are exempt under FOIA section 40(2) or FOISA section 38(2). Students have been informed, through the privacy statement on the survey, that their comments would be used by institutions and students’ unions for the purpose of feedback. Students would not have reasonably expected that their comments would be made more widely available. Releasing students comments could therefore be in breach of the first principle of data protection (fairness and lawfulness).

Although names have been removed from student comments, it may still be possible for individuals to be identified therefore, such information may be personal data and institutions should consider this when processing the data.

Quantitative Data
Any requests made under the FOIA and FOISA for additional quantitative data not published on the Unistats or HEFCE website, HEFCE (who will own and hold all such data), institutions and students’ unions (who will have access to data about their own students), will need to consider if it is appropriate to disclose the data. HEFCE does not publish data below the reliability threshold (50 percent response rate and at least 10 students responding) because this may misinform student choice. If institutions decide to disclose this information, they may wish to put the response in context by making reference to HEFCE's policy. Institutions should also consider whether data below the reliability threshold might constitute personal data and take appropriate steps when disclosing.

Copyright and Rights in Databases Regulations

HEFCE, on behalf of the Higher Education Funding Council for Wales (HEFCW), the Department for Employment and Learning, Northern Ireland (DELNI), and participating private higher education providers and Scottish Higher Education Institutions, wishes to exercise its right to prevent unauthorised extraction and/or re- utilisation of the whole or a substantial part of the NSS database. This right is described in Statutory Instrument 1997, No. 3032 (The Copyright and Rights in Databases Regulations 1997). The other UK HE funding bodies have unlimited access to the database for their own purposes. Texuna may freely use the database only while under contract to HEFCE in connection with the NSS. Institutions and named students’ unions should only use the database for the purposes described. HEFCE reserves the right to take action available to it under the regulations in respect of any infringements of these guidelines.

Process

Access to the additional data is via a password- protected website operated by Texuna. All previously issued passwords will no longer be valid. Texuna will be providing access to the 2005-2015 NSS data. Texuna has an existing contact list for the purposes of the dissemination website.

If you are one of the nominated results contacts and have not received a password, please complete the service request form found: https://nss.texunatech.com/accessrequest. The nominated NSS results super user at your institution contacts may create up to 20 users; however this superuser must ensure that these individuals are also aware of this guidance.