MK (Curateur professionnel) (Protection of natural persons with regard to the processing of personal data - Purely personal or household activity - Judgment) [2024] EUECJ C-461/22 (11 July 2024)

MK (Curateur professionnel) (Protection of natural persons with regard to the processing of personal data - Purely personal or household activity - Judgment) [2024] EUECJ C-461/22 (11 July 2024)

A former guardian who performed duties in a professional capacity must be classified as a 'controller' under Article 4(7) GDPR regarding personal data in their possession about the former ward, and must comply with all GDPR provisions, including Article 15.

Citation
[2024] EUECJ C-461/22
Parties
Applicant: MK; Respondent: WB
Jurisdiction
European Union
Judgment Date
11 July 2024
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling issued; Article 4(7) GDPR interpreted.
Legal Topics
GDPR, Controller Definition, Right of Access, Guardianship
Data Protection European Union Law GDPR Controller Definition Right of Access Guardianship

Case Brief

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Parties

MK

Applicant

WB

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether a former professional guardian is a 'controller' under Article 4(7) GDPR
  2. 2 Whether such a guardian must comply with Article 15 GDPR obligations

Ratio Decidendi

A former guardian who performed duties in a professional capacity must be classified as a 'controller' under Article 4(7) GDPR regarding personal data in their possession about the former ward, and must comply with all GDPR provisions, including Article 15.

Court Disposition

Preliminary ruling issued; Article 4(7) GDPR interpreted.

Orders

  • A former professional guardian is a 'controller' under Article 4(7) GDPR for personal data in their possession concerning the former ward and must comply with all GDPR provisions, including Article 15.