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Chapter 3
Rights, and restrictions of rights, of data subject and restrictions on obligations of controllers
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Right of access to results and scripts of examination and results of appeal
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56. (1) Subject to subsection (3), a request by a data subject under Article 15 in relation to the result of an examination at which he or she was a candidate, or in relation to a script completed by him or her in the course of such an examination shall, for the purposes of that Article, be taken to have been made on the later of—
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(a) the date of the first publication of the results of the examination, or
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(b) the date of the request.
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(2) A request by a data subject under Article 15 in relation to the result of an appeal by the data subject against the result of an examination at which he or she was a candidate shall, for the purposes of that Article, be taken to have been made on the later of—
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(a) the date of the first publication of the results of the appeal, or
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(b) the date of the request.
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(3) Where—
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(a) a request by a data subject referred to in subsection (1) relates to a script completed by him or her in the course of an examination in the Leaving Certificate Examinations conducted by the State Examinations Commission, and
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(b) the data subject, whether before or after the making of that request, appeals the result of the examination referred to in paragraph (a),
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that request shall be taken to have been made on the date of the first publication of the results of the appeal referred to in paragraph (b).
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(4) In this section—
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“appeal” means any formal process to enable a candidate to request a recheck of an examination result which is specified by a person who operates the examination;
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“examination” means any process for determining the knowledge, intelligence, skill or ability of a person by reference to his or her performance in any test, work or other activity;
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“script” means any work produced by a candidate as part of an examination including any examination answer-book (whether in written or digital form), journal, portfolio, audio and visual recording, practical piece or artefact and, for the purposes of this definition, shall be deemed to include—
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(a) an audio or visual recording, produced in the course of an examination, of the performance of the candidate in the examination, and
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(b) any marks or comments added to the script, or made in relation to the script, by an examiner in the course of his or her marking of the script.
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