Does the right to access also extend to exams and comments? Summary Our remarks A student who had studied at The IHE Delft Institute for • Exams and comments from examiners can be Water Education from 2011 to 2013, and failed several regarded as personal data if it is possible to identify exams, was informed by the institute that he could no the data subjects involved. longer successfully complete the degree. The student requested access to view his exams and was told that • Data controllers cannot charge a fee for providing payment was required for copies of the exams. information requested by data subjects, unless the request is manifestly unfounded or excessive. The student then took the case to court and demanded An example of this is if the data subject requests that IHE granted access to the documents of 16 exams, access to an enormous amount of information. including the examiner’s written comments on answers to these examinations. • If the organization believes a request is excessive they may attempt to clarify the scope of the During the preliminary relief hearing, the judge informed request with the individual to see if it can be both parties that the exams requested by the applicant, narrowed down. along with the examiner’s comments on their answers, should be considered personal data under GDPR, Article 4(1). The decision of the Court The preliminary relief judge ordered that IHE must provide the student with copies of the 16 requested examinations and the examiner’s written comments within three days of the date of the decision. Published: 27-07-2021, Journal number: 200.290.520_01 Tags: 02 Right of access and obligation to provide information Published: 28-05-2019, Journal number: C/09/564550 / HARK 18-596 Tags: 02 Right of access and obligation to provide information 35