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2019•European Data Protection Law ReviewRequires access

The Court of Justice as a Key Player in Privacy and Data Protection:

C. Docksey, Hielke Hijmans

Open publisher page 4 citations

Abstract

In this article we discuss the main trends in the recent case law of the CJEU, following the three landmark cases of Digital Rights Ireland, Google Spain, and Schrems. The CJEU has followed a broad approach to scope and a strict approach to exceptions, ensuring that where personal information is processed there will be one or more controllers who will be accountable for such processing. The Court has also recognised that data protection requires a balancing with other fundamental rights such as freedom of expression, and has followed a common sense approach that allows personal information to be processed in a proportionate manner for legitimate purposes. We conclude that the case law has had a positive impact on the data protection legal framework and that the CJEU is likely to maintain its approach in order to ensure that the GDPR is fully effective. Keywords: Case Law, CJEU, Accountability, Fundamental Rights, GDPR

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What this paper is about

In this article we discuss the main trends in the recent case law of the CJEU, following the three landmark cases of Digital Rights Ireland, Google Spain, and Schrems. The CJEU has followed a broad approach to scope and a strict approach to exceptions, ensuring that where personal information is processed there will be one or more controllers who will be accountable for such processing. The Court has also recognised that data protection requires a balancing with other fundamental rights such as freedom of expression, and has followed a common sense approach that allows personal information to be processed in a proportionate manner for legitimate purposes. We conclude that the case law has had a positive impact on the data protection legal framework and that the CJEU is likely to maintain its approach in order to ensure that the GDPR is fully effective. Keywords: Case Law, CJEU, Accountability, Fundamental Rights, GDPR

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Available abstract

In this article we discuss the main trends in the recent case law of the CJEU, following the three landmark cases of Digital Rights Ireland, Google Spain, and Schrems. The CJEU has followed a broad approach to scope and a strict approach to exceptions, ensuring that where personal information is processed there will be one or more controllers who will be accountable for such processing. The Court has also recognised that data protection requires a balancing with other fundamental rights such as freedom of expression, and has followed a common sense approach that allows personal information to be processed in a proportionate manner for legitimate purposes. We conclude that the case law has had a positive impact on the data protection legal framework and that the CJEU is likely to maintain its approach in order to ensure that the GDPR is fully effective. Keywords: Case Law, CJEU, Accountability, Fundamental Rights, GDPR

Key concepts: Data Protection Act 1998, Right to be forgotten, Scope (computer science), Digital rights, Political science, Fundamental rights, Economic Justice, Order (exchange)

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