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EU |
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the protection of individuals with regard to the processing of personal data and on
the free movement of such data (General Data Protection Regulation), versie 56, 29 november 2011
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the protection of individuals with regard to the processing of personal data and on
the free movement of such data (General Data Protection Regulation), versie 72-73, 25 januari 2012
Judgment of the European Court of Justice (Third Chamber) of 24 November 2011
Para 51: It is common ground, first, that the injunction requiring installation of the contested filtering system would involve a systematic analysis of all content and the collection and identification of users’ IP addresses from which unlawful content on the network is sent. Those addresses are protected personal data because they allow those users to be precisely identified.
Judgement of the Court of Justice (Third Chamber) of 24 November 2011
Processing of personal data – Directive 95/46/EC – Article 7(f) – Direct effect
'Article 7(f) 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 must be interpreted as precluding national rules which, in the absence of the data subject’s consent, and in order to allow such processing of that data subject’s personal data as is necessary to pursue a legitimate interest of the data controller or of the third party or parties to whom those data are disclosed, require not only that the fundamental rights and freedoms of the data subject be respected, but also that the data should appear in public sources, thereby excluding, in a categorical and generalised way, any processing of data not appearing in such sources.'