Data subject not entitled to original copy of exam script

Appeal on point of law from Circuit Court - Circuit Court dismissed the Appellant's appeal against decision of Data Protection Commissioner dating from January 2014 - Circuit Court determined that: (a) an exam script involving the transposition of model answers from a text book to an exam sheet did not constitute “personal data” within the meaning and for the purposes of the Data Protection Acts 1988 and 2003 and (b) insofar as the respondent had determined that the appellant’s complaint did not require investigation because the exam script in issue did not contain personal data, the complaint was unfounded in law and could not be appealed under s. 26 of the Data Protection Act 1988 - Data Protection Commissioner now accepts that European Court of Justice has determined the above issues in favour of the Appellant - Data Protection Commissioner is consenting to the making of various orders - only issue that remains to be determined is whether a data subject, pursuant to s. 4 of the Data Protection Acts 1988 and 2003, is entitled to access his or her personal data in its original form - section 4(1)(a) of the Act of 1988 (as inserted by s. 5 of the Data Protection (Amendment) Act 2003) - obligation provided for under both the Directive and s. 4(1)(a)(iii) of the Act of 1988 is an obligation to communicate the relevant information not in its original form but rather in an “intelligible form” to the data subject - s. 4(9) of the Act of 1988 - Court finds that obligation on a data controller to provide a data subject with personal data under Act of 1988 does not extend to an obligation to provide the data in its original material form or, in the case of a document, to provide the original of that document.