Nowak -v- Data Protection Commissioner & anor [2018] IEHC 118 (26 February 2018)

Nowak -v- Data Protection Commissioner & anor [2018] IEHC 118 (26 February 2018)

A data controller is obliged to supply a copy of the information concerned in permanent form to the data subject unless exceptions apply, but is not obliged to provide the data in its original material form or the original document; the obligation is to communicate the information in an intelligible form.

Citation
[2018] IEHC 118
Parties
Appellant: Peter Nowak; Respondent: Data Protection Commissioner; Notice Party: Institute of Chartered Accountants in Ireland
Jurisdiction
Ireland
Judgment Date
26 February 2018
Procedural Posture
Appeal / High Court Judgment Following Circuit Court Appeal
Outcome
Appeal allowed in part; Circuit Court and respondent decisions quashed in relevant respects; declaration granted regarding right of access.
Legal Topics
Right of Access to Personal Data, Definition of Personal Data, Obligation to Supply Data in Original Form
Data Protection Administrative Law EU Law Right of Access to Personal Data Definition of Personal Data Obligation to Supply Data in Original Form

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Parties

Peter Nowak

Appellant

Data Protection Commissioner

Respondent

Institute of Chartered Accountants in Ireland

Notice Party

Procedural Posture

Appeal / High Court Judgment Following Circuit Court Appeal

Legal Issues

  1. 1 Does an exam script constitute personal data under the Data Protection Acts 1988 & 2003?
  2. 2 Is a data subject entitled to access personal data in its original form under s. 4 of the Data Protection Acts 1988 & 2003?

Ratio Decidendi

A data controller is obliged to supply a copy of the information concerned in permanent form to the data subject unless exceptions apply, but is not obliged to provide the data in its original material form or the original document; the obligation is to communicate the information in an intelligible form.

Court Disposition

Appeal allowed in part; Circuit Court and respondent decisions quashed in relevant respects; declaration granted regarding right of access.

Orders

  • Order quashing Circuit Court decision insofar as it held that an appeal did not lie against the respondent's decision of 27 January 2014.
  • Order quashing Circuit Court decision insofar as it held that an exam script did not constitute personal data.