Personal Data – Protection of Natural Persons With Respect To The Processing of That Data – Deactivate A Facebook Page – Judgment – Reference for a preliminary ruling – Directive 95/46/EC – Personal data – Protection of natural persons with respect . .
The complainant requested a copy of a letter received by the UK government and copied to the Commissioner regarding alleged deficiencies in the implementation of Directive 95/46/EC by the UK. Although the Commissioner accepts that in some respects the request could have been better handled, in particular the manner of the refusal of the request, … Continue reading Information Commissioner (Decision Notice): ICO 18 Sep 2006
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
ECJ (Approximation Of Laws – Processing Personal Data) Processing of personal data – Directive 95/46/EC – Article 7(f) – Direct effect Judges: K. Lenaerts Citations: C-469/10, [2011] EUECJ C-469/10 Links: Bailii Citing: See Also – Asociacion Nacional De Establecimientos Financieros De Credito v Administracion Del Estado ECJ 24-Nov-2011 ECJ (Approximation Of Laws – Processing Personal … Continue reading Asociacion Nacional De Establecimientos Financieros De Credito v Administracion Del Estado: ECJ 24 Nov 2011
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
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
The claimants were facing capital charges in Thailand. They sought the release of information held by the defendant to assist in their defence on charges of the murder of two British tourists. In particular a report had been prepared by the MPS about the investigation in Thailand after doubts about the investigation. The MPS aid … Continue reading Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
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
The complaint requested a copy of a letter from the European Commission to the UK government regarding alleged deficiencies in the implementation of Directive 95/46/EC by the UK. He also requested a copy of the UK government’s response to that letter. Although the complainant put forward compelling arguments in favour of disclosure of the requested … Continue reading Department for Constitutional Affairs (Decision Notice): ICO 18 Sep 2006
The claimants, producers of pornographic films, sought disclosure by the defendant internet service provider of certain internet protocol addresses, wishing to pursue those it said had wrongfully downloaded their films. The court was asked first whether the transfer of such information would mean that the claimants would become ‘data controllers’ Held: Such an order would … Continue reading Mircom International Content Management and Consulting Ltd and Others v Virgin Media Ltd and Another: ChD 16 Jul 2019
ECJ Directive 95/46/EC – Protection of individuals with regard to the tax treatment of private data character data on income and wealth – Freedom of Expression Media Privilege personal Privacy Judges: Kokott AG Citations: C-73/07, [2008] EUECJ C-73/07 – O Links: Bailii Statutes: Directive 95/46/EC Jurisdiction: European Cited by: Opinion – Tietosuojavaltuutettu v Satakunnan Markkinaporssi … Continue reading Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws): ECJ 8 May 2008
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: Rodriguez Iglesias, P Citations: C-139/01, [2003] EUECJ C-139/01 Links: Bailii Statutes: Directive 95/46/EC Jurisdiction: European Citing: See … Continue reading Rechnungshof v Osterreichischer Rundfunk and Others (Approximation Of Laws): 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
The complainant has requested information concerning a list of Articles in Directive 95/46/EC (the repealed Data Protection Directive) which the European Commission have alleged were not implemented properly by the UK Government via the provisions in the (repealed) Data Protection Act 1998 and identification of the sections in the 1998 Act to which each allegation … Continue reading Department for Digital, Culture, Media and Sport (Central Government): ICO 5 Feb 2020
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 RechnungshofAustrian law required public bodies subject to control by the Court of Auditors to report to it the names, … Continue reading Rechnungshof v Osterreichischer Rundfunk and others: ECJ 20 May 2003
ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of such data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Articles 25 and 28 – Transfer of personal data to … Continue reading Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015
ECJ (Grand Chamber) Protection of natural persons with regard to the processing of personal data – Publication of information on beneficiaries of agricultural aid – Validity of the provisions of European Union law providing for that publication and laying down detailed rules for such publication – Charter of Fundamental Rights of the European Union – … Continue reading Volker Und Markus Schecke v Land Hessen (Approximation Of Laws): ECJ 9 Nov 2010
The claimant requested the defendant authority to remove his details from the electoral register before it was sold on to third parties. They refused. He claimed that the information had been obtained from him under penalty of criminal charges, and that to sell it on was an interference with his right to a private and … Continue reading Reid, Robertson v City of Wakefield Metropolitan Council, Secretary of State for the Home Department: Admn 16 Nov 2001
Where information was given by a patient to the pharmacist, and he took the data, stripping out any possibility of the individual being identified, the duty of confidence which attached to the prescription was not breached by the passing on of the reduced quantity information to a third party who wished to provide a statistical … Continue reading Regina v Department of Health, Ex Parte Source Informatics Ltd: CA 21 Dec 1999
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
(Order) Protection of individuals with regard to the processing of personal data – Air transport – Decision 2004/496/EC – Agreement between the European Community and the United States of America – Passenger Name Records of air passengers transferred to the United States Bureau of Customs and Border Protection – Directive 95/46/EC – Article 25 – … Continue reading Parliament v Commission: ECJ 17 Mar 2005
(Order) Protection of individuals with regard to the processing of personal data – Air transport – Decision 2004/496/EC – Agreement between the European Community and the United States of America – Passenger Name Records of air passengers transferred to the United States Bureau of Customs and Border Protection – Directive 95/46/EC – Article 25 – … Continue reading Parliament v Council C-317/04: ECJ 17 Mar 2005
The Court was asked whether section 32(4) of the Act, which provides in certain circumstances for an automatic stay of proceedings in respect of journalistic materials (amongst others), is incompatible with EU law. Held: The sub section forms an important part of the protection of the rights of freedom of expression. A greater need is … Continue reading Stunt v Associated Newspapers Ltd: QBD 6 Apr 2017
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
ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulations (EC) No 864/2007 and (EC) No 593/2008 – Consumer protection – Directive 93/13/EEC – Data protection – Directive 95/46/EC – Online sales contracts concluded with consumers resident in other Member States – Unfair terms – General terms and conditions containing … Continue reading Verein Fur Konsumenteninformation v Amazon EU Sarl: ECJ 28 Jul 2016
ECJ Judgment – Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 4(1) and 28(1), (3) and (6) – Controller who is formally established in a Member State – Impairment of the right to the protection of personal data concerning natural persons … Continue reading Weltimmo sro v Nemzeti Adatvedelmi es Informacioszabadsag Hatosag: ECJ 1 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Directive 95/46/EC – Processing of personal data – Articles 10 and 11 – Data subjects’ information – Article 13 – Exceptions and limitations – Transfer by a public administrative body of a Member State of personal tax data for processing by another public administrative body ECLI:EU:C:2015:638, … Continue reading Bara And Others v Presedintele Casei Na?ionale de Asigurari de Sanatate: ECJ 1 Oct 2015
EJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Biometric passport – Biometric data – Regulation (EC) No 2252/2004 – Article 1(3) – Article 4(3) – Use of data collected for purposes other than the issue of passports and travel documents – Establishment and use of databases containing … Continue reading Willems v Burgemeester van Nuth; similar: ECJ 16 Apr 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
ECJ Judgment – Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing which infringes copyright – No general obligation to monitor information transmitted K. Lenaerts, P [2011] EUECJ C-70/10, [2012] ECDR 4, ECLI:EU:C:2011:771 Bailii Directive 95/46/EC, … Continue reading Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM): ECJ 24 Nov 2011
ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Treatment of personal data – Directive 95/46/EC – Article 2 – Concept of ‘personal data’ – Articles 6 and 7 – Principles relating to the quality and data processing legitimate data – Article 17 – … Continue reading Pharmacontinente – Saude E Higiene And Others v Autoridade para as Condicoes do Trabalho: ECJ 19 Jun 2014
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
Protection of individuals with regard to the processing of personal data Directive 95/46/EC – Respect for private life – Erasure of data – Right of access to data and to information on the recipients of data – Time limit on the exercise of the right to access A. Rosas, P [2009] EUECJ C-553/07, C-553/07 Bailii … Continue reading College van burgemeester en wethouders van Rotterdam v M.E.E. Rijkeboer: ECJ 7 May 2009
The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional resources from the claimant without making a sufficiently unconditional commitment for financial support. Held: The request for judicial review … Continue reading Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014
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
(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
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
The department appealed against an order requiring it to disclose statistical information about late abortions. The department argued that the numbers involved were such that the individual patients involved mighty be identified, and that therefore the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011
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
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
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
ECJ Opinion – Preliminary reference – personal data – Protection of individuals with regard to the processing of these data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Article 25 – Decision 2000/520 / EC – Transfer of personal data to the United States … Continue reading Schrems v Data Protection Commissioner: ECJ 23 Sep 2015
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
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
Over-regulation of storage of personal data ECJ (Judgment) Reference for a preliminary ruling – Processing of personal data – Directive 95/46/EC – Article 2(a) – Article 7(f) – Definition of ‘personal data’ – Internet protocol addresses – Storage of data by an online media services provider – National legislation not permitting the legitimate interest pursued … Continue reading Breyer v Bundesrepublik Deutschland: ECJ 19 Oct 2016
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
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
Individual data on Company registers not erasable ECJ (Approximation of Laws Approximation of Laws Data Protection Freedom of Establishment – Judgment) Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Article 6(1)(e) – Data subject to disclosure in the companies … Continue reading Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Manni: ECJ 9 Mar 2017
Door to Door preaching notes were data Protection of Individuals With Regard To The Collecting and Processing of Personal Data – Door-To-Door Preaching – Judgment – Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Scope of the directive – Article 3 – … Continue reading Jehovan Todistajat (Jehovah’s Witnesses Religious Community): ECJ 10 Jul 2018
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_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
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015
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
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
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
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
ECJ Opinion – Information Society – Intellectual property rights – Directive 2004/48/EC – Copyright and related rights – Directive 2001/29/EC – Illegal downloading on the Internet – Peer to peer through software . .