Exam Scripts As Personal Data

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.

 

September 2017

Bullying and Harassment in the Workplace

November 2017

Partner, Andrew Bryan, offers guidance to both employers and employees on bullying and harassment in the workplace. Andrew states that any unwanted behaviour that makes a person feel intimidated, degraded, humiliated, or offended can be classified as bullying or harassment. Such behaviour is not necessarily always obvious or apparent to others and may happen in the workplace without the employer being aware.

More Info

Home Secretary must establish marriage of convenience

November 2017

Senior solicitor Michelle Lewis comments on a recent ruling clarifying the immigration rules surrounding marriage and putting to bed the myth of the 'green card marriage'.

More Info

Notification of Email Checks Required

November 2017

Partner, Andrew Bryan, draws our attention to a recent ruling by the European Court of Human Rights concerning a company’s responsibilities in respect of their employee email policies. Andrew says “the ECHR ruling in case of Bogdan Bărbulescu could shape the extent to which firms can monitor employees’ private communications”.

More Info

Meet the newest member of our Civil Litigation team

October 2017

We asked the newest member of our Civil Litigation team, Gemma Nolan, to tell us a bit more about herself.

More Info

Get In Touch

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

We’re proud to be associated with

  • The Law Society, Conveyancing Quality Accredited logo
  • The Law Society, Children Law Accredited logo
  • The Law Society, Criminal Litigation Accredited logo
  • The Law Society, Family Law Accredited logo
  • The Law Society, Family Law Advanced Accredited logo
  • The Law Society, Lexcel Accredited logo
  • Solicitors For The Elderly Accredited logo
  • Society of Trust and Estate Practitioners logo
  • Dementia Friends logo
  • Resolution logo