Josef Probst v mr.nexnet GmbH [2012] EUECJ C-119/12 (22 November 2012)

Josef Probst v mr.nexnet GmbH [2012] EUECJ C-119/12 (22 November 2012)

Article 6(2) and (5) of Directive 2002/58/EC authorises a service provider to pass traffic data to the assignee of its claims for payment for recovery purposes, provided the assignee acts under the authority of the service provider and processes only data necessary for recovery, with contractual provisions ensuring lawful processing and ongoing compliance.

Citation
[2012] EUECJ C-119/12
Parties
Applicant: mr.nexnet GmbH; Respondent: Mr Probst
Jurisdiction
European Union
Judgment Date
22 November 2012
Procedural Posture
Reference for Preliminary Ruling / Preliminary Ruling
Outcome
Reference answered; national court to determine compliance with conditions.
Legal Topics
Processing of Personal Data, Traffic Data, Assignment of Claims, Billing and Debt Collection, Confidentiality, Contractual Data Protection
Data Protection Telecommunications Privacy Processing of Personal Data Traffic Data Assignment of Claims Billing and Debt Collection Confidentiality +1 more

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Parties

mr.nexnet GmbH

Applicant

Mr Probst

Respondent

Procedural Posture

Reference for Preliminary Ruling / Preliminary Ruling

Legal Issues

  1. 1 Whether Article 6(2) and (5) of Directive 2002/58/EC permits the passing and processing of traffic data by an assignee of claims for payment in telecommunications services
  2. 2 Interpretation of 'under the authority' in Article 6(5) of Directive 2002/58/EC

Ratio Decidendi

Article 6(2) and (5) of Directive 2002/58/EC authorises a service provider to pass traffic data to the assignee of its claims for payment for recovery purposes, provided the assignee acts under the authority of the service provider and processes only data necessary for recovery, with contractual provisions ensuring lawful processing and ongoing compliance.

Court Disposition

Reference answered; national court to determine compliance with conditions.

Orders

  • Article 6(2) and (5) of Directive 2002/58/EC must be interpreted as authorising a provider to pass traffic data to the assignee for recovery of claims, provided the assignee acts under the authority of the provider and processes only necessary data.
  • Contract must guarantee lawful processing and enable provider to ensure compliance at all times.