In an interesting Irish case which may have significant implications for the UK, the European Court of Justice recently recommended that handwritten exam scripts should be considered personal data under EU legislation. Matthew Bailey, Partner, said, “ECJ recommendations invariably become EU law and then become relevant to all EU states, including, for the moment, the UK”.
In the initial legal action, a case was brought to court by a trainee accountant who failed an accountancy exam overseen by the Institute of Chartered Accountants in Ireland (CAI) four times. After his fourth failure, the examinee requested access to all personal data held on him by the CAI. The institute released 17 different records but claimed the exam paper did not constitute personal data under Irish law. The Irish Office of the Data Protection Commissioner rejected a subsequent complaint against this decision and indeed characterised the complaint as “frivolous and vexatious”; not least because the document sought was an “open book” exam paper containing answers to questions.
The ECJ opinion found that “an examination script incorporates information about the examination candidate and is, in that sense, a collection of personal data”. Personal data in an exam script was deemed not to be confined to the exam result or marks in that handwritten papers contain even more personal data because of their ability to provide evidence of the user’s identity, even where they contained an ID number or barcode instead of a person’s name.
If you would like assistance in relation to a data privacy matter, call Matthew Bailey on 01329 822333 for further information.
Leading South-Coast law firm, Churchers Solicitors, has employed three new trainees as the firm continues to grow and expand across its six Hampshire offices.
The government has confirmed plans to introduce tougher sentences for those who drive irresponsibly and devastate lives. Partner Hannah Jones said, “Research has shown that plans to increase maximum sentences has received resounding support from families and campaigners”.More Info
A firm responsible for pressuring people into making holiday-sickness claims has had its licence stripped by the Claims Management Regulator. Partner Andrew Bryan said, “This closedown follows the government announcement in July of a crackdown and shows that, thankfully, the initiative has teeth.”.More Info
Senior solicitor Emma Gifford raises awareness of a recent concern regarding the invalid appointment of administrators. If you are a company director, beware of acting in a way that is contrary to the articles of association of your company, even if the action may on the face of it seem logical. This was a point discovered, to his cost, by the director of BW Estate Ltd.More Info
If you’d like to know more about our services or how we can help you, you can contact us via email, telephone, or pay us a visit at your local branch.Contact Us