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Institut Professionnel Des Agents Immobiliers v Geoffrey Englebert: ECJ 7 Nov 2013

ECJ Processing of personal data – Directive 95/46/EC – Articles 10 and 11 – Obligation to inform – Article 13(1)(d) and (g) – Exceptions – Scope of exceptions – Private detectives acting for the supervisory body of a regulated profession – Directive 2002/58/EC – Article 15(1) Judges: M. Ilesic, P Citations: C-473/12, [2013] EUECJ C-473/12 … Continue reading Institut Professionnel Des Agents Immobiliers v Geoffrey Englebert: ECJ 7 Nov 2013

X, Re: ECJ 12 Dec 2013

ECJ Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Conditions for exercising a right of access – Levying of excessive fees Judges: C.G. Fernlund R, P Citations: C-486/12, [2013] EUECJ C-486/12 Links: Bailii Statutes: Directive 95/46/EC Jurisdiction: European Information Updated: 31 August 2022; Ref: scu.518972

Various Claimants v WM Morrisons Supermarket Plc: QBD 1 Dec 2017

The defendant employer had had confidential information of many of its staff taken and disclosed by a rogue employee. The employees now sought compensation. The main issue was whether the company was directly or vicariously liable for the tort. Held: The company were not directly liable, but were liable vicariously: ‘Adopting the broad and evaluative … Continue reading Various Claimants v WM Morrisons Supermarket Plc: QBD 1 Dec 2017

College van burgemeester en wethouders van Rotterdam v MEE Rijkeboer: ECJ 22 Dec 2008

ECJ Opinion – Data Protection Directive 95/46/EC Fundamental Rights – Right of access to personal data to any third party Suppression Communications – Exercise Period of the access principle of proportionality Judges: Damaso Ruiz-Jarabo Colomer AG Citations: C-553/07, [2008] EUECJ C-553/07 – O Links: Bailii Jurisdiction: European Cited by: Opinion – College van burgemeester en … Continue reading College van burgemeester en wethouders van Rotterdam v MEE Rijkeboer: ECJ 22 Dec 2008

Osterreichischer Rundfunk and Others: ECJ 20 May 2003

ECJ Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Protection of private life – Disclosure of data on the income of employees of bodies subject to control by the Rechnungshof Judges: GC Rodriguez Iglesias, P Citations: C-138/01, [2003] EUECJ C-138/01 Links: Bailii Cited by: Cited – Google Spain … Continue reading Osterreichischer Rundfunk and Others: ECJ 20 May 2003

NT1 v Google Llc: QBD 18 Jan 2018

An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018

Commission v Hungary – C-288/12: ECJ 8 Apr 2014

ECJ Failure of a Member State to fulfil obligations – Directive 95/46/EC – Protection of individuals with regard to the processing of personal data and the free movement of such data – Article 28(1) – National supervisory authorities – Independence – National legislation prematurely bringing to an end the term served by the supervisory authority … Continue reading Commission v Hungary – C-288/12: ECJ 8 Apr 2014

Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015

The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in Somalia and was to appeal aganst a sentence of death. The claimant said that … Continue reading Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015

Ministry of Justice (Decision Notice) FS50411133: ICO 15 May 2012

ICO The complainant requested the full information the Information Commissioner had considered in an earlier decision where he ordered a summary of that full information to be disclosed. The full information, agreed between the parties, are the two letters of formal notice in which the European Commission alleged that the UK Government had not properly … Continue reading Ministry of Justice (Decision Notice) FS50411133: ICO 15 May 2012

YS v Minister voor Immigratie, Integratie en Asiel: ECJ 12 Dec 2013

ECJ Opinion – Personal data and processing – Legal analysis Sharpston AG C-141/12, [2013] EUECJ C-141/12 Bailii Cited by: Opinion – YS v Minister voor Immigratie, Integratie en Asiel ECJ 17-Jul-2014 ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, … Continue reading YS v Minister voor Immigratie, Integratie en Asiel: ECJ 12 Dec 2013

Commission v Hungary C-288/12: ECJ 10 Dec 2013

(Bibliographic Notice) (Opinion) Wathelet AG C-288/12, [2013] EUECJ C-288/12 Bailii Directive 95/46/EC European Cited by: Opinion – Commission v Hungary – C-288/12 ECJ 8-Apr-2014 ECJ Failure of a Member State to fulfil obligations – Directive 95/46/EC – Protection of individuals with regard to the processing of personal data and the free movement of such data … Continue reading Commission v Hungary C-288/12: ECJ 10 Dec 2013

Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws): ECJ 16 Dec 2008

ECJ Directive 95/46/EC Scope – Processing and flow of tax data of a personal nature – Protection of natural persons – Freedom of expression [2010] All ER (EC) 213, [2008] ECR I-9831, [2008] EUECJ C-73/07 Bailii Directive 95/46/EC European Citing: Opinion – Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws) ECJ 8-May-2008 ECJ Directive … Continue reading Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws): ECJ 16 Dec 2008

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Worten – Equipamentos Para O Lar Sa v Autoridade Para As Condicoes De Trabalho: ECJ 30 May 2013

ECJ Processing of personal data – Directive 95/46/EC – Article 2 – Concept of ‘personal data’ – Articles 6 and 7 – Principles relating to data quality and criteria for making data processing legitimate – Article 17 – Security of processing – Working time – Record of working time – Access by the national authority … Continue reading Worten – Equipamentos Para O Lar Sa v Autoridade Para As Condicoes De Trabalho: ECJ 30 May 2013

Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014

Internet Search Engine – Name Removal ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines – Processing of data contained on websites – Searching for, indexing and … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014

L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 12 Jul 2011

ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – Removal of the packaging of the goods – Directive 89/104/EEC – Regulation (EC) No 40/94 – Liability of the … Continue reading L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 12 Jul 2011

Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Damages for breach of Data Protection The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ browser generated information was contrary to the defendant’s publicly stated position that … Continue reading Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

Criminal proceedings against Lindqvist: ECJ 6 Nov 2003

Mrs Lindqvist had set up an internet site for her local parish containing information about some of her colleagues in the parish. She gave names, jobs, hobbies and in one case some of the person’s employment and medical details. The Court decided that she had processed the personal data of her colleagues. Questions were referred … Continue reading Criminal proceedings against Lindqvist: ECJ 6 Nov 2003

The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

Rynes v Urad pro ochranu osobnich udaju: ECJ 10 Jul 2014

rynes_uradECJ1407 ECJ Opinion – Approximation of laws – Treatment of personal data – Directive 95/46/EC – Scope – Exemptions – Article 3, paragraph 2 – Concept of” exercise of purely personal or household activity – Registration by a surveillance camera, the entrance to the house of the person operating the recording system, public space as … Continue reading Rynes v Urad pro ochranu osobnich udaju: ECJ 10 Jul 2014

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

Right to be forgotten by Search Engine ECJ Opinion – World Wide Web – Personal data – Internet search engine – Data Protection Directive 95/46 – Interpretation of Articles 2(b) and 2(d), 4(1)(a) and 4(1)(c), 12(b) and 14(a) – Territorial scope of application – Concept of an establishment on the territory of a Member State … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014

ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of access of a data subject – Data relating to the applicant for a residence permit and legal … Continue reading YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014

Mosley v Google Inc and Another: QBD 15 Jan 2015

The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated … Continue reading Mosley v Google Inc and Another: QBD 15 Jan 2015