Peter Nowak v Data Protection Commissioner: You Can Access Your Exam Script, Because It Is Personal Data

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Abstract

Case C-434/16 Peter Nowak v Data Protection Commissioner, Judgement of the Court of Justice of the European Union (Second Chamber) of 20 December 2017 Written answers submitted by a candidate in a professional examination as well as comments made by examiners are considered personal data in line with Article 2(a) of Data Protection Directive (or the current Article 4(1) of General Data Protection Regulation). Data subjects enjoy, therefore, the right to access and rectification of data, however, the scope of this right is determined in the light of the purpose for which the data has been collected (and so not for correction of ‘incorrect’ answers). Similarly, the data subject may request erasure of scripts and comments once they are no longer necessary for the purposes for which data was collected (taking professional examination) Artcles 2(a), 12(1) and (b) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard of processing of personal data and on the free movement of such data [1995] OJ L 281/31 Articles 4(1) 15, 16 and 17 and 23 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) [2016] OJ L 119/1
Original languageEnglish
Pages (from-to)252-259
JournalEuropean Data Protection Law Review
Volume4
Issue number2
DOIs
Publication statusPublished - Jun 2018

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