Ireland’s Data Protection Commissioner could soon be facing legal scrutiny after another case it refused to investigate has been sent to the European Court of Justice, The Irish Times reports. The case involved accountancy student Peter Nowak, who had his request to view scripts of failed exams rejected by the Institute of Chartered Accountants Ireland. The DPC sided with the institute, saying Irish data protection laws do not cover exam scripts as personal data. The Supreme Court stepped in and sent the case to the European Court of Justice to see if the DPC’s decision holds up. The Supreme Court is challenging the DPC’s labeling of the case as “frivolous and vexatious,” marking the second time the Supreme Court is challenging a “frivolous” dismissal from the DPC. Editor’s Note: Denis Kelleher, senior legal counsel at the Central Bank of Ireland, recently wrote about this case for The Privacy Advisor.
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