Lindqvist (Approximation of laws) [2003] EUECJ C-101/01 (06 November 2003)

Lindqvist (Approximation of laws) [2003] EUECJ C-101/01 (06 November 2003)

Publishing personal data about individuals on an internet page using a computer constitutes processing of personal data by automatic means under Directive 95/46/EC. Such processing is not covered by the exceptions for personal or household activities or activities outside Community law. Reference to health...

Source-derived case information.

Citation
[2003] EUECJ C-101/01
Parties
Defendant: Mrs Lindqvist; Prosecutor: Public Prosecutor (Sweden)
Jurisdiction
European Union
Judgment Date
06 November 2003
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Appellate Court (göta Hovrätt) to European Court of Justice
Outcome
Preliminary ruling issued; interpretation of Directive 95/46/EC provided to referring court.
Legal Topics
Processing of Personal Data, Scope of Directive 95/46/ec, Exceptions to Data Protection Rules, Sensitive Personal Data, Transfer of Data to Third Countries, Freedom of Expression, National Implementation of EU Directives
European Union Law Data Protection Law Human Rights Law Criminal Law Processing of Personal Data Scope of Directive 95/46/ec Exceptions to Data Protection Rules Sensitive Personal Data +3 more

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Parties

Mrs Lindqvist

Defendant

Public Prosecutor (Sweden)

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Appellate Court (göta Hovrätt) to European Court of Justice

Legal Issues

  1. 1 Does mentioning individuals by name and other identifiers on an internet page constitute processing of personal data by automatic means under Directive 95/46/EC?
  2. 2 Are such activities covered by exceptions in Article 3(2) of Directive 95/46/EC?
  3. 3 Does reference to health information constitute sensitive personal data?

Ratio Decidendi

Publishing personal data about individuals on an internet page using a computer constitutes processing of personal data by automatic means under Directive 95/46/EC. Such processing is not covered by the exceptions for personal or household activities or activities outside Community law. Reference to health information is sensitive personal data. Making data accessible online does not amount to a transfer to third countries. The Directive does not, in itself, violate freedom of expression, but national authorities must ensure proportionality and balance of rights. Member States must comply with the Directive's harmonisation but may extend national law to areas not covered by the Directive.

Court Disposition

Preliminary ruling issued; interpretation of Directive 95/46/EC provided to referring court.

Orders

  • Referring to individuals by name or other identifiers on an internet page is processing of personal data by automatic means under Directive 95/46/EC.
  • Such processing is not covered by exceptions in Article 3(2) of the Directive.