Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/27/2017

Subject: The Court affirmed that  Article 47 of the Charter of Fundamental Rights of the European Union does not preclude national legislation, which makes the exercise of a judicial remedy by a person stating that his right to protection of personal data has been infringed, subject to the prior exhaustion of the remedies available to him before the national administrative authorities, provided that the practical arrangements for the exercise of such remedies do not disproportionately affect the right to an effective remedy before a court referred to in that article. It is important, in particular, that the prior exhaustion of the available remedies before the national administrative authorities does not lead to a substantial delay in bringing a legal action, that it involves the suspension of the limitation period of the rights concerned and that it does not involve excessive costs. Moreover, the Court affiermed that Article 47 of the Charter precludes that a national court rejects, as evidence of an infringement of the protection of personal data, a list, such as the contested list, submitted by the data subject and containing personal data relating to him, if that person had obtained that list without the consent, legally required, of the person responsible for processing that data, unless such rejection is laid down by national legislation and respects both the essential content of the right to an effective remedy and the principle of proportionality. Finnally, according to tha Court, Directive 95/46 does not preclude the processing of personal data by the authorities of a Member State for the purpose of collecting tax and combating tax fraud such as that effected by drawing up of a list of persons such as that at issue in the main proceedings, without the consent of the data subjects, provided that, first, those authorities were invested by the national legislation with tasks carried out in the public interest within the meaning of that article, that the drawing-up of that list and the inclusion on it of the names of the data subjects in fact be adequate and necessary for the attainment of the objectives pursued and that there be sufficient indications to assume that the data subjects are rightly included in that list and, second, that all of the conditions for the lawfulness of that processing of personal data imposed by Directive 95/46 be satisfied

Parties: Peter Puškár

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Justice - Art. 47 Justice: remedy

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