Land Hessen (Concept of 'court or tribunal' - Protection of natural persons with regard to the processing of personal data - Judgment) [2020] EUECJ C-272/19 (09 July 2020)

Land Hessen (Concept of 'court or tribunal' - Protection of natural persons with regard to the processing of personal data - Judgment) [2020] EUECJ C-272/19 (09 July 2020)

A Petitions Committee of a parliament of a Federated State that determines the purposes and means of processing personal data is a 'controller' under Article 4(7) GDPR, and the processing of personal data by that committee falls within the scope of GDPR, including Article 15. The referring court is considered a...

Source-derived case information.

Citation
[2020] EUECJ C-272/19
Parties
Applicant: VQ; Respondent: Land Hessen (Germany)
Jurisdiction
European Union
Judgment Date
09 July 2020
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling
Outcome
Preliminary ruling issued; Article 4(7) GDPR applies to the Petitions Committee as controller.
Legal Topics
GDPR Applicability, Definition of Controller, Right of Access to Personal Data, Scope of EU Data Protection Law, Independence of National Courts Under EU Law
Data Protection Law European Union Law Administrative Law GDPR Applicability Definition of Controller Right of Access to Personal Data Scope of EU Data Protection Law Independence of National Courts Under EU Law

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Parties

VQ

Applicant

Land Hessen (Germany)

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether the Petitions Committee of a parliament of a Federated State is a 'controller' under Article 4(7) GDPR and subject to Article 15 GDPR
  2. 2 Whether the referring court is an independent and impartial tribunal under Article 267 TFEU and Article 47 of the Charter

Ratio Decidendi

A Petitions Committee of a parliament of a Federated State that determines the purposes and means of processing personal data is a 'controller' under Article 4(7) GDPR, and the processing of personal data by that committee falls within the scope of GDPR, including Article 15. The referring court is considered a 'court or tribunal' under Article 267 TFEU for the purposes of the preliminary ruling.

Court Disposition

Preliminary ruling issued; Article 4(7) GDPR applies to the Petitions Committee as controller.

Orders

  • Article 4(7) GDPR must be interpreted as meaning that a Petitions Committee of a parliament of a Federated State that determines the purposes and means of processing personal data is a 'controller', and the processing of personal data by that committee falls within the scope of GDPR, including Article 15.