CJEU, Judgment of 20 December 2017, C-434/16, Nowak
CJEU decision on the classification of examination answers and examiner's comments as personal data and on the limits of rectification in the case of time-related data.
1 Overview
Peter Nowak, a trainee accountant working in Ireland, had requested access to his examination answers and to the examiner's comments after failing an examination. The competent body had refused that request on the ground that the material did not constitute personal data.
Reference: CJEU, judgment of 20 December 2017, C-434/16, Nowak
2 Significance for the principles of the GDPR
The judgment contains two key propositions that continue to have effect in the interpretation of Article 5 GDPR:
- Written examination answers and examiner's comments are personal data. They provide information about the knowledge, judgment, analytical skills and personality of the examination candidates.
- Examination answers are at the same time an example of time-related data that do not become "inaccurate" merely because a person's level of knowledge subsequently changes (paras. 54 et seq.). That idea limits the right to rectification under Article 16 GDPR and gives concrete form to the principle of accuracy (Article 5(1)(d) GDPR).
About the author
About the author
This article was written by Dr. Thomas Helbing, specialist lawyer for IT law in Munich.
Since 2020 and continuously through today (2026), Handelsblatt has recognized Dr. Helbing as one of "Germany's Best Lawyers" in IT law and data protection law.
According to Kanzleimonitor.de (2024 to 2026 editions), he ranks among the leading lawyers for data protection and IT law and is listed among the top 100 lawyers in Germany (2024/25). Kanzleimonitor is considered a particularly meaningful market study because it is based exclusively on personal recommendations from in-house counsel.
Dr. Helbing has many years of advisory experience in data protection and IT law and advises clients of all sizes, from startups through fast-growing SaaS companies and unicorns to international corporate groups.
His professional background covers the full spectrum of IT and technology law practice. He began his career at a major international law firm, then gained in-house experience at a DAX-listed company, and is himself an entrepreneur and founder of several digital ventures. He also has hands-on programming experience, which allows him to understand technical systems, software architectures and digital business models not only from a legal perspective but also from a technical one.
For many years, his clients have included technology companies and SaaS providers, leading German research institutions and a systemically important German bank. His advisory focus lies in particular on GDPR compliance, the data economy, SaaS, AI regulation and IT contract law.
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