search

… Provisional text OPINION OF ADVOCATE GENERAL COLLINS delivered on 12 September 2024 (1) Case C-247/23 [Deldits] (i) VP v Országos Idegenrendészeti Főigazgatóság (Request for a preliminary ruling from the Fővárosi Törvényszék (Budapest High Court, Hungary)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 16 - Right to rectification of inaccurate personal data - Data relating to the gender of a transgender …

… In the light of the foregoing, I propose that the Court answer the questions referred by the Fővárosi Törvényszék (Budapest High Court, Hungary) as follows: Article 16 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 (General Data Protection Regulation), read in the light of Article 5(1)(d) thereof, must …

… (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; ‘the GDPR’). 3 Magyar Közlöny, 2007/83. 4 According to the Oxford Dictionary of English, Second Edition, Revised (2005), the gender neutral pronouns ‘they’, ‘them’ and ‘their’ may be used ‘to refer to a person of …

… of / by a subsidiary - Calculation of the amount of the fine - Consideration of the total turnover of the group of which the company concerned forms part - Criminal proceedings) 1. …

… Moreover, where such a fine is imposed, in conjunction with Article 83(9) of /, by a national court in the context of criminal proceedings, the actual fine must be assessed in the light of principles which are applicable in criminal law. …

… However, when determining the actual fine to be imposed, the concept of ‘undertaking’ must be interpreted in conjunction with Article 83(1) and (2) of / and used as one relevant element among others when considering the specific circumstances of the individual case. …

… See JORF No 129, of 6 June 2010 (p. 42). 59 See, by way of comparison, the choice of alternative criteria, namely the place where the controller (or processor) has an establishment or the place where the data subject has his or her habitual residence, offered by the EU legislature in data protection matters in (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 …

… Provisional text OPINION OF ADVOCATE GENERAL RICHARD DE LA TOUR delivered on 5 September 2024 (1) Case C-416/23 Österreichische Datenschutzbehörde other parties: FR, Bundesministerin für Justiz (Request for a preliminary ruling from the Verwaltungsgerichtshof (Supreme Administrative Court, Austria)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 57(4) - Tasks of the supervisory authority - Request …

… Article 57(4) 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) (2) (‘the GDPR’) offers the supervisory authorities, when confronted with requests which are manifestly unfounded or excessive, in particular because of their repetitive character, the possibility of charging …

… In the light of all the foregoing considerations, I propose that the Court should answer the questions referred for a preliminary ruling by the Verwaltungsgerichtshof (Supreme Administrative Court, Austria) as follows: Article 57(4) 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 …

… (EU) / (2) (‘the GDPR’) aims to ensure a high level of protection of natural persons with regard to the processing of their personal data. In order to do so, it places on controllers an obligation to respect a number of principles when they process personal data, including the principle of ‘data minimisation’ and the principle of lawfulness of processing. 2. …

… Provisional text OPINION OF ADVOCATE GENERAL SZPUNAR delivered on 11 July 2024 (1) Case C-394/23 Association Mousse v Commission nationale de l’informatique et des libertés (CNIL), SNCF Connect (Request for a preliminary ruling from the Conseil d’État (France)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 6(1) - Principle of lawfulness of processing - Article 5(1)(c) - Principle of data minimisation …

… Point (f) of Article 6(1) and Article 5(1)(c) of / must be interpreted as meaning that the processing of data relating to the title of customers of a transport company cannot be regarded as necessary for the purposes of the legitimate interests pursued by the controller or by a third party, within the meaning of that provision, in so far as that company has not informed the users from whom those data were collected of a legitimate interest pursued by the processing of those data …

… Provisional text JUDGMENT OF THE COURT (Fourth Chamber) 11 July 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - First sentence of Article 12(1) - Transparency of information - Article 13(1)(c) and (e) - Obligation of the controller to provide information - Article 80(2) - Representation of data subjects by a consumer protection association - Representative action in the absence of a mandate and …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 25 January 2024, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 80(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 …

… On those grounds, the Court (Fourth Chamber) hereby rules: Article 80(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 the condition that an authorised entity, in order to be able to bring a representative action under that provision …

… Provisional text JUDGMENT OF THE COURT (Ninth Chamber) 11 July 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 2(2)(c) - Scope - Exclusion - Purely personal or household activity - Article 4(7) - Controller - Former guardian who performed his or her duties in a professional capacity - Article 15 - Access of the person who has been placed under legal guardianship to data collected by that …

… 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 of Article 4(7) and Article 15 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 ( …

… On those grounds, the Court (Ninth Chamber) hereby rules: Article 4(7) 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 a former guardian who performed his or her duties in a professional capacity in respect of a person placed under …

… Article 82(1) of / must be interpreted as not requiring that the severity and the possible intentional nature of the infringement of that regulation by the controller be taken into account for the purposes of compensation for damage under that provision. 3. …

… Article 82(1) of / must be interpreted as meaning that, where damage is established, a national court may, where that damage is not serious, compensate for it by awarding minimal compensation to the data subject, provided that that compensation is such as to compensate in full for the damage suffered. 5. …

… Article 82(1) of / must be interpreted as meaning that, when determining the amount of damages due in respect of the right to compensation for non-material damage, it is appropriate to consider that such damage caused by a personal data breach is not, by its nature, less significant than physical injury. 4. …

… Article 82(1) of / must be interpreted as meaning that, in order to determine the amount of damages due as compensation for damage based on that provision, it is not necessary, first, to apply mutatis mutandis the criteria for setting the amount of administrative fines laid down in Article 83 of that regulation and, second, to confer on that right to compensation a dissuasive function. 4. …

… Article 82(1) of / must be interpreted as meaning that a person’s fear that his or her personal data have, as a result of an infringement of that regulation, been disclosed to third parties, without it being possible to establish that that was in fact the case, is sufficient to give rise to a right to compensation, provided that that fear, with its negative consequences, is duly proven. 3. …

… Article 82(1) of / must be interpreted as meaning that, in order to determine the amount of damages due as compensation for damage based on that provision, it is not necessary to take account of simultaneous infringements of national provisions which relate to the protection of personal data but which are not intended to specify the rules of that regulation. [Signatures] * Language of the case: German. …

… /, adopted on 29 November 2017, 17/EN WP260 rev. 01 (‘the Transparency Guidelines’), point 4. …

… Indeed, extensive information requirements enable the data subject to exercise other important rights recognised by (EU) /. (4) 2. The present case arose in the context of the issuance of COVID-19 certificates. It invites the Court, for the first time, to interpret an important derogation from the obligation on the data controller to provide information, laid down in Article 14(5)(c) of the GDPR. …

… It is not relevant, in that regard, whether the data are expressly obtained from another entity or if the data are generated by the controller in its own procedure. (2) Article 77(1) of / must be interpreted as meaning that, in the context of a complaint procedure, the supervisory authority has the power to examine whether all the conditions laid down in Article 14(5)(c) of that regulation are complied with. …