Bodil Lindqvist v Åklagarkammaren i Jönköping (2003) is a decision by the Court of Justice of the European Communities (European Court of Justice). It held that referring to various persons on an internet page and identifying them either by name or by other means constitutes processing of personal data by automatic means within the meaning of Community law.[1]
| Bodil Lindqvist v Åklagarkammaren i Jönköping | |
|---|---|
 | |
| Submitted 1 March 2001 Decided 6 November 2003 | |
| Full case name | Bodil Lindqvist v Åklagarkammaren i Jönköping |
| Case | Case C-101/01 |
| CelexID | 62001CJ0101 |
| ECLI | ECLI:EU:C:2003:596 |
| Case type | Reference for a preliminary ruling |
| Chamber | Full chamber |
| Nationality of parties | Swedish |
| Procedural history | Reference of the Göta hovrätt (Sweden) |
| Ruling | |
| Referring to various persons on an internet page and identifying them either by name or by other means constitutes processing of personal data by automatic means within the meaning of Community law. | |
| Court composition | |
| Judge-Rapporteur D.A.O. Edward | |
| President P. Jann | |
| Judges | |
| Advocate General A. Tizzano | |
| Legislation affecting | |
| Interprets Directive 95/46/EC | |
| Keywords | |
| Directive 95/46/EC - Scope - Publication of personal data on the internet - Place of publication - Definition of transfer of personal data to third countries - Freedom of expression - Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State | |
It was the first time the Court ruled on the scope of Directive 95/46/EC (Data Protection Directive) and freedom of movement for such data on the internet.[2] It was cited in Costeja (2014), a controversial ruling that held an internet search engine operator established in the European Union (EU) is responsible for the processing that it carries out of personal information that appears on web pages published by third parties, confirming a right of erasure widely regarded as a so-called right to be forgotten.[3]
See also edit
Notes edit
- ^ "Judgment of the Court in Case C-101/01 (Lindqvist)". CJEU.
- ^ "Press release No 96/03 (Judgment in Case C-101/01 (Lindqvist))". CJEU.
- ^ Baldry, Tony; Hyams, Oliver. "The Right to Be Forgotten". 1 Essex Court.
Bibliography edit
Kuner, Cristopher (2013). Transborder Data Flows and Data Privacy Law. OUP. ISBN 0199674612.
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