In the case of Nowak v Data Protection Commissioner, a student failed his open book accountancy exams and subsequently submitted a data subject access request seeking all personal data held by the Institute of Chartered Accountants (CAI). The CAI released some information, but withheld the exam script on the basis that it did not constitute "personal data", which the office of the Irish Data Protection Commissioner supported. The student brought an action before the Irish courts and the Irish Supreme Court referred to the ECJ the question of whether handwritten exam scripts were capable of being personal data within the meaning of Article 2(a) of the Data Protection Directive. Advocate General Kokott has delivered her opinion that a candidate's handwritten exam script and the examiner's corrections on the script did constitute personal data and, therefore, that the candidate may be entitled to a right of access to their own script. The ECJ has yet to give its decision. Although the ECJ will take Advocate General Kokott's opinion into account, it is not bound by it. If it follows Advocate General Kokott's opinion, this may provide a method for students to gain access to their own exam scripts and examiners' comments under data protection legislation.