# 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.

> Quelle: https://www.thomashelbing.com/en/wissen/dsgvo-hub/rechtsprechung/1.4.8-eugh-nowak
> Sprache: en



## 1 Overview [#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](https://curia.europa.eu/juris/document/document.jsf?docid=198059\&doclang=DE)

## 2 Significance for the principles of the GDPR [#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).


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## About the author

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