search

… OPINION OF ADVOCATE GENERAL PITRUZZELLA delivered on 27 January 2022 (1) Case C-817/19 Ligue des droits humains v Conseil des ministres (Request for a preliminary ruling from the Cour constitutionnelle (Constitutional Court, Belgium)) (Reference for a preliminary ruling - Protection of personal data - Processing of passenger name record (PNR) data - (EU) / - Scope - Directive (EU) 2016/681 - Validity - Charter of Fundamental Rights of the European Union - Articles 7, 8 and Article …

… By this request for a preliminary ruling, the Cour constitutionnelle (Constitutional Court, Belgium) puts before the Court of Justice a series of 10 questions concerning the interpretation 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; ‘the GDPR’) (2) and concerning …

… In this context, the Court is also called upon to express a position on the relationship between this public access regime and various provisions of (EU) /. (4) I. Legal framework A. European Union law 1. Directives 2015/849 and 2018/843 6. …

… (EU) / - Article 5(1)(a) to (c) and (f) - Exemptions from access to the register of beneficial ownership - Conditions - Concepts of ‘exceptional circumstances’, ‘risk’ and ‘disproportionate risk’ - Proof) 1. …

… (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) are to be interpreted as not precluding a register which is in part accessible to the public, without any requirement to demonstrate a legitimate interest and without any limitation as to the location of the public. …

… (EU) / on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” – “GDPR”) applies to “natural persons”, and does not cover the processing of personal data which concerns legal persons (recital 14). …

… Apart from certain provisions of primary law, namely Articles 7, 8 and Article 51(2) of the Charter of Fundamental Rights of the European Union (‘the Charter’), also relevant in the present case are Articles 3 and 6 to 8 of Directive 95/46/EC (3) and Articles 2, 5, 6 and 9 of (EU) /. (4) B. Lithuanian law 4. The Lietuvos Respublikos viešųjų ir privačių interesų derinimo įstatymas Nr. VIII-371 (Law No. …

… In the light of the foregoing considerations, I propose that the Court answer the Vilniaus apygardos administracinis teismas (Regional Administrative Court, Vilnius, Lithuania) as follows: (1) Articles 6 and 7 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Articles 5 and 6 of (EU) / of the European Parliament and of the …

… The Court has held that an interpretation of Article 8(1) and (5) of Directive 95/46 or Article 9(1) and Article 10 of / that excluded a priori and generally the activity of a search engine from the specific requirements laid down by those provisions for processing relating to the special categories of data referred to there would run counter to the purpose of those provisions, namely to ensure ‘enhanced protection’ as regards such processing, which, because of the particular sensitivity …

… The particular characteristics of / 50. …

… In so far as such standing to bring proceedings had been deemed by the Court to be compatible with Directive 95/46/EC, (3) it will be for the Court (4) to say whether / has altered the legal position on that point. II. Legal framework A. / 5. Article 80 of /, entitled ‘Representation of data subjects’, is worded as follows: (5) ‘1. …

… /. 32 See, in particular, Article 6(2) and (3), the second subparagraph of Article 8(1) and Articles 85 to 89 of /. 33 See, on that topic, Mišćenić, E., and Hoffmann, A. …

… (EU) / of the European Parliament and of the European 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 (the General Data Protection Regulation – hereinafter “the GDPR”), published in OJ 2016 L 119/1, entered into force on 24 May 2016 and repealed Directive 95/46/EC with effect from 25 May 2018. …

… The CJEU ruled that in the event that a search engine operator granted a request for de-referencing (pursuant to Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46/EC and of Article 17(1) of (EU) / of the European Parliament and of the European Council), that operator would not be required to carry out that de-referencing on all versions of its search engine, but only on the versions of that search engine corresponding to all the European …

… processed’. 55 That same requirement also applies in the context of /. …

… /, that such consent must meet the requirements under Article 2(h) of Directive 95/46 or Article 4(11) of that regulation, depending on which of those two rules is applicable ratione temporis to the facts at issue in the main proceedings. 54 Article 2(h) of Directive 95/46, defines the term ‘consent’ as meaning ‘any freely given specific and informed indication of his [or her] wishes by which the data subject signifies his [or her] agreement to personal data relating to him [or her] being …

… (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, and corrigendum OJ 2018 L 127, p. 2), entitled ‘Repeal of Directive 95/46/EC’ provides: ‘References to the repealed Directive shall be construed as references to this Regulation. …’ 10 Article 4(11) of that regulation …

… (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 (General Data Protection Regulation) (OJ 2016 L 119, p. 1). …

… I should recall that, in the judgment in La Quadrature du Net, paragraph 210, the Court held that, ‘… as is the case for Article 15(1) of Directive 2002/58, the power conferred on Member States by Article 23(1) of / may be exercised only in accordance with the requirement of proportionality, according to which derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (see, by analogy, with regard to Directive 95 …

… ’. 20 According to Article 3 of Regulation No 596/2014, ‘traffic data records’ means records of traffic data as defined in point (b) of the second paragraph of Article 2 of Directive 2002/58, that is to say ‘any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof’. 21 Emphasis added. 22 Emphasis added. 23 Emphasis added. 24 It does, however, lay down a data retention period of five years. 25 Directive repealed by …

… (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). 3 By the order of 14 July 2021, the Vice-President of the Court ordered the Republic of Poland, pending delivery of the judgment closing the proceedings in Case C-204/21: (a) to suspend, first, the application …

… subparagraph of Article 19(1) TEU; - by adopting and maintaining in force Article 88a of the amended Law relating to the ordinary courts, Article 45(3) of the amended Law on the Supreme Court and Article 8(2) of the amended Law relating to the administrative courts, the Republic of Poland has infringed the right to respect for private life and the right to protection of personal data, guaranteed by Article 7 and Article 8(1) of the Charter and by Article 6(1)(c) and (e), Article 6(3) and Article 9(1) of …

… Question 1a Article 55(3) of / does not require a determination of whether a processing operation of the national courts ‘acting in their judicial capacity’ affects independent judicial decision-making in each specific case. …

… Question 1b The determination of the nature and purpose of a particular processing operation does not form part of the criteria to be taken into account, under Article 55(3) of /, when establishing whether the national courts were acting ‘in their judicial capacity’. …

… Question 1c For the purposes of determining whether a processing operation of the national courts was carried out ‘in their judicial capacity’, within the meaning of Article 55(3) of /, it is not relevant whether those courts acted pursuant to an express legal basis in national law. 1 Original language: English. 2 Burton, J.H. …