Commission vs. Kingdom of Spain Legal Dispute (C-143/89)
In a series of recent rulings, the European Court of Justice (ECJ) has provided answers to complex data privacy questions, but these answers have left many discussants feeling frustrated due to the lack of clear guidance. Professor Dr. Alexander Golland, a professor of business law at FH Aachen, explains the practical implications of these rulings. "The courts' answers do not offer clear solutions for everyday data processing," he says. "Affected individuals will have to rely more on general personality rights in the future due to the restrictive ruling on injunctions." The lack of clear guidance from the courts is a source of frustration for the discussants. In Episode 143 of the c't Data Protection Podcast, they discuss three significant decisions from the ECJ in September. These rulings revolve around topics such as pseudonymization, immaterial damages, and competition law in member states. One case, in particular, the SRB ruling on pseudonymization, is particularly relevant in practice, as it leaves open whether pseudonymized data remain personal data for recipients who cannot establish a personal connection themselves. The European Court confirmed the "subjective approach" in the appeal procedure regarding pseudonymized data, but left crucial details open, causing a lack of legal certainty. Another case, the third one, revolves around immaterial damages, where a job applicant sued the Quirin Privatbank because sensitive information was accidentally sent to a third party. The European Court ruled that distress or feelings of shame can be considered damage under the GDPR, but proving this remains difficult. The dismissal of a lawsuit brought by French MEP Philippe Latombe against the EU Commission's adequacy decision on EU-US data transfers also caused a stir. The European Court only examined whether the commission acted correctly in 2023, not the current situation under changed political circumstances in the Latombe lawsuit. The GDPR does not provide for an original injunction claim, but national law may allow such claims, for example, via competition law in Germany. The discussants note that the courts often provide answers that do not offer clear solutions, which results in significant legal uncertainty in everyday data processing for companies and affected individuals. The uncertainty in data processing for companies and affected individuals remains significant due to the courts' answers. The discussants express dissatisfaction with the lack of clear guidance from the courts and hope for more concrete solutions in the future.
Read also:
- Detailed Assessment of Sony's RX100 VII Camera Model
- Sony Digital Camera RX100 VII Examination
- Ford Discontinues Popular Top-Seller in Staggering Shift, Labeled as a "Model T Event"
- 2025 Witnesses a 27% Surge in Worldwide Electric Vehicle Sales, Despite Opposition to Electrification Policies in the U.S.
){kind=link}