Extract from press release follows. Links to full press release and full
text of judgment at end. Jane
Jane Bartlett
Information Law
HM Customs & Excise
Ground floor west, New King's Beam House
22 Upper Ground, London SE1 9PJ
mailto:[log in to unmask]
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Press Release : 6 November 2003 - Judgment of the Court in Case C-101/01
(Bodil Lindqvist)
The Court rules for the first time on the scope of the Data Protection
Directive and freedom of movement for such data on the internet
Referring to various persons on an internet page and identifying them either
by name or by other means constitutes processing of personal data by
automatic means within the meaning of Community law
........................................
The Court has held that the act of referring, on an internet page, to
various persons and identifying them by name or by other means (giving their
telephone number or information about their working conditions and hobbies)
constitutes "the processing of personal data wholly or partly by automatic
means". Moreover, reference to the state of health of an individual amounts
to processing of data concerning health within the meaning of the 1995
directive.
Such processing of personal data does not fall within the category of
activities for the purposes of public security nor within the category of
purely personal or domestic activities, which are outside the scope of the
directive.
The Court points out that the directive also lays down specific rules
intended to allow the Member States to monitor the transfer of personal data
to third countries. However, given the state of development of the internet
at the time the directive was drawn up and the absence of criteria
applicable to use of the internet, it takes the view that the Community
legislature did not intend the expression "transfer of data to a third
country" to cover the loading of data onto an internet page even if such
data are thereby made accessible to persons in third countries.
The provisions of the directive do not in themselves entail a restriction
contrary to the principle of freedom of expression or other fundamental
rights. It is for the national authorities and courts responsible for
applying the national legislation implementing the directive to ensure a
fair balance between the rights and interests in question, including those
fundamental rights.
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Full text of Press release:
http://curia.eu.int/en/actu/communiques/cp03/aff/cp0396en.htm
Full text of Judgment:
http://curia.eu.int/jurisp/cgi-bin/gettext.pl?lang=en&num=79968893C19010101&
doc=T&ouvert=T&seance=ARRET&where=()
-----Original Message-----
From: Chris Catton [mailto:[log in to unmask]]
Sent: 10 November 2003 12:33
To: [log in to unmask]
Subject: Re: PD on internet not an international transfer
Nicole
Do you have information onthe name, reference number or date of the
judgement? The link goes directly to a huge list of judgements.
Thanks
Chris Catton
To: [log in to unmask]
cc:
Subject: PD on internet not an international transfer
The European Court of Justice recently held that making personal data
available on the internet is not subject to the rules prohibiting the
transfer of pd outside the EEA
see attached for details
http://curia.eu.int/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&docrequir
Nicola Mckilligan
Director
Privacy & Information Plus
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