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European Observer on fundamental right's respect

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Case Law C-614/10 (16/10/2012)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/16/2012

Subject: The Court declared that Austria has failed to fulfil its obligations under the second subparagraph of Article 28(1) of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, because it institute a regulatory framework under which the managing member of the Data Protection Commission is a federal official subject to supervision, the office of that Commission is integrated with the departments of the Federal Chancellery, and the Federal Chancellor has an unconditional right to information covering all aspects of the work of that Commission.

Parties: Commissione europea c. Austria

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority

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