AG Ćapeta: Hungary violated EU law by introducing national legislation restricting or prohibiting access to LGBTI content – and the Court should also find a stand-alone breach of Article 2 TEU, which sets out the EU’s fundamental values. A case relevant for policymakers and Member States.
AG Emiliou: FIFA’s new Football Agent Regulations don’t automatically violate Article 6 GDPR, but must meet certain conditions – there must be a legitimate interest, the data must be strictly necessary, and the rules must not place an unreasonable burden on people’s privacy or finances.
That a court authorises personal data disclosure to another judicial body qualifies as processing under the GDPR – but it doesn’t make the court a controller or a DPA, and it’s not required to ensure compliance unless an Article 79(1) action is brought before it.
GDPR still applies when acting on behalf of a legal person. Plus, major implications for 🇨🇿 Czech – and potentially other – public bodies handling FOI requests: you may need to consult data subjects before disclosure, and even if that's impossible, you must still balance FOI with data protection.
[19 March: The case is appealed.] The CJEU's General Court orders the European Commission to pay €400 in non-material damages for US transfers made in March 2022, when no adequacy decision or alternative safeguard was in place.
A Member State can't, under any circumstances, require a data subject to provide proof of gender reassignment surgery to exercise their right to rectification. However, they may need to provide relevant and sufficient evidence reasonably needed to show that the data is inaccurate.
The CJEU fast-tracks a case against Hungary where the European Commission claims violations of multiple EU laws, including the GDPR Articles 5, 6, 9 and 10.
You must clearly explain actual procedures and principles applied in ADM and if you claim information contains protected data or trade secrets, you must provide it to the DPA or court, which'll balance rights and interests and determine the extent of a DSAR.
An entity without legal personality can be a controller if it can fulfil those obligations and national law at least implicitly defines the processing scope; it doesn’t need to precisely specify processing activities or purpose.