IP case law Court of Justice

Exceptions

4 categories

a) outside the scope of Union law
b) Member States (Chapter 2 of Title V of the TEU)
c) purely personal or household activity
d) criminal offences and public security

3 preliminary rulings

Judgment of 16 Jul 2020, C-311/18 (Facebook Ireland and Schrems)

Article 2(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), must be interpreted as meaning that that regulation applies to the transfer of personal data for commercial purposes by an economic operator established in a Member State to another economic operator established in a third country, irrespective of whether, at the time of that transfer or thereafter, that data is liable to be processed by the authorities of the third country in question for the purposes of public security, defence and State security.

Judgment of 11 Dec 2014, C-212/13 (Ryneš)

The second indent of Article 3(2) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that the operation of a camera system, as a result of which a video recording of people is stored on a continuous recording device such as a hard disk drive, installed by an individual on his family home for the purposes of protecting the property, health and life of the home owners, but which also monitors a public space, does not amount to the processing of data in the course of a purely personal or household activity, for the purposes of that provision.  

Judgment of 6 Nov 2003, C-101/01 (Bodil Lindqvist)

Such processing of personal data is not covered by any of the exceptions in Article 3(2) of Directive 95/46.


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