search

… JUDGMENT OF THE COURT (Sixth Chamber) 9 February 2023 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 38(3) - Data protection officer - Prohibition on dismissing data protection officer for performing his or her tasks - Requirement for functional independence - National legislation prohibiting the dismissal of a data protection officer without just cause - Article 38(6) - Conflict of interests …

… Kranenborg, acting as Agents, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation and validity of the second sentence of Article 38(3) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing …

… Article 38(6) of / must be interpreted as meaning that a ‘conflict of interests’, as provided for in that provision, may exist where a data protection officer is entrusted with other tasks or duties, which would result in him or her determining the objectives and methods of processing personal data on the part of the controller or its processor, which is a matter for the national court to determine, case by case, on the basis of an assessment of all the relevant circumstances, in …

… Legal context European Union law The GDPR 3 Recital 19 of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1; ‘the GDPR’), states: ‘The protection of natural persons with regard to the processing of personal data by competent authorities for the purposes …

… The fact that the national legislative act containing such a legal basis refers, furthermore, to (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and not to Directive 2016/680, is not capable, in itself, of calling the existence of such authorisation into question, provided …

… /. …

… / and (ii) to order that company to send him the recording in question. …

… As the Advocate General observed in point 55 of his Opinion, the EU legislature’s decision to leave to data subjects the option to exercise the remedies provided for in Article 77(1) and Article 78(1) of /, on the one hand, and Article 79(1) thereof, on the other, concurrently with and independently of each other is consistent with the objective of that . 43 / requires, inter alia, the competent authorities of the Member States to ensure a high level …

… JUDGMENT OF THE COURT (First Chamber) 12 January 2023 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 15(1)(c) - Data subject’s right of access to his or her data - Information about the recipients or categories of recipient to whom the personal data have been or will be disclosed - Restrictions) In Case C-154/21, REQUEST for a preliminary ruling under Article 267 TFEU from the Oberster Gerichtshof …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 9 June 2022, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 15(1)(c) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation …

… , entails, where those data have been or will be disclosed to recipients, an obligation on the part of the controller to provide the data subject with the actual identity of those recipients, unless it is impossible to identify those recipients or the controller demonstrates that the data subject’s requests for access are manifestly unfounded or excessive within the meaning of Article 12(5) of /, in which cases the controller may indicate to the data subject only the categories …

… (EU) /) Table of contents I. …

… (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (3) (‘the GDPR’). 2. …

… (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); - order the Republic of Poland to pay four fifths of the costs, including four fifths of the costs relating to the proceedings for interim relief; - order the Kingdom of Belgium, the Kingdom of Denmark, the Kingdom of the Netherlands …

… OPINION OF ADVOCATE GENERAL PITRUZZELLA delivered on 15 December 2022(1) Case C-487/21 F.F. interested parties: Österreichische Datenschutzbehörde, CRIF GmbH (Request for a preliminary ruling lodged by the Bundesverwaltungsgericht (Federal Administrative Court, Austria)) (Reference for a preliminary ruling - Protection of personal data - (EU) / - Article 15(3) - Right of access by the data subject to personal data undergoing processing - Right to receive a copy of personal data …

… What is the content and what is the scope of the right conferred on the data subject who obtains access to his or her personal data that are undergoing processing to receive a copy of those data, as provided for by Article 15(3) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection …

… The concept of “information” in the third sentence of Article 15(3) of / must be interpreted as referring exclusively to the “copy of personal data undergoing processing” referred to in the first sentence of that paragraph. 1 Original language: Italian. 2 OJ 2016 L 119, p. 1. 3 Judgment of 20 December 2017, Nowak (C-434/16, EU:C:2017:994). 4 See the references to Austrian and German doctrine and case-law in paragraphs 1 and 2 of the order for reference, respectively. 5 The Austrian …

… That court has made a reference to the Court of Justice for a preliminary ruling on the interpretation of (EU) /. (2) In answering the questions referred, the Court of Justice will have to rule on the right of the data subject to access certain information relating to the processing of his or her personal data. I. Legislative framework A. European Union law. The GDPR 3. …

… OPINION OF ADVOCATE GENERAL CAMPOS SÁNCHEZ-BORDONA delivered on 15 December 2022 (1) Case C-579/21 J.M. intervener: Apulaistietosuojavaltuutettu, Pankki S (Request for a preliminary ruling from the Itä-Suomen hallinto-oikeus (Administrative Court of Eastern Finland, Finland)) (Reference for a preliminary ruling - Processing of personal data - (EU) / - User log data - Right of access - Definition of personal data - Definition of recipient - Personnel in the department responsible …

… In the light of the foregoing, I propose that the Court of Justice reply as follows to the Itä-Suomen hallinto-oikeus (Administrative Court of Eastern Finland, Finland): Article 15(1) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read with Article 4(1) of that regulation …

… JUDGMENT OF THE COURT (Fifth Chamber) 8 December 2022 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Articles 2, 4 and 6 - Applicability of / - Concept of ‘legitimate interest’ - Concept of ‘task carried out in the public interest or in the exercise of official authority’ - Directive (EU) 2016/680 - Articles 1, 3, 4, 6 and 9 - Lawfulness of the processing of personal data collected …

… Article 6(1) of / must be interpreted as meaning that where an action for damages against the State is based on alleged misconduct on the part of the public prosecutor’s office in the performance of its tasks in criminal matters, such processing of personal data may be regarded as lawful if it is necessary for the performance of a task carried out in the public interest, within the meaning of point (e) of the first subparagraph of Article 6(1) of that regulation, for the purpose …

… Article 3(8) and Article 9(1) and (2) of Directive 2016/680 and Article 2(1) and (2) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) must be interpreted as meaning that that regulation is applicable to the processing of personal data by the public prosecutor’s office …

… JUDGMENT OF THE COURT (Grand Chamber) 8 December 2022 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Directive 95/46/EC - Article 12(b) - Point (a) of the first paragraph of Article 14 - (EU) / - Article 17(3)(a) - Operator of an internet search engine - Research carried out on the basis of a person’s name - Displaying a link to articles containing allegedly inaccurate information in the list of search results …

… Nardi, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 7 April 2022, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 17(3)(a) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation …

… Article 17(3)(a) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), must be interpreted as meaning that within the context of the weighing-up exercise which is to be undertaken between the rights referred to in Articles 7 and 8 of the Charter of Fundamental Rights of …

… The institutional legal framework 21 Chapter VI of / is entitled ‘Independent supervisory authorities’. …

… However, under Article 68(1) of /, the EDPB was established as a body of the Union and has legal personality. …

… In the present case, that recital does not underpin any provision of /, as noted in paragraphs 32 and 35 above. …