Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
Nov. 12 --European Union member statesaren't obliged to allow exceptions to the requirement that data processors inform data subjects about the processing of their personal data, notwithstanding a list of circumstances in the EU Data Protection Directive (95/46/EC) in which exceptions can be permitted, according to a ruling of the European Union Court of Justice (Institut professionnel des agents immobiliers (IPI) v. Englebert, E.C.J., No. C-473/12, 11/07/13)
In a judgment handed down Nov. 7, the Luxembourg-based court ruled that EU countries “have no obligation, but have the option” to transpose into their national codes of law exceptions listed in Article 13(1) of the directive, under which the collection and processing of personal data might be allowed without notifying the data subject.
The exceptions include data processing related to national security, defense, the investigation of crime and the protection of the financial interests of states.
The Belgian Constitutional Court sought a ruling of the ECJ in a case concerning the use of private detectives by the Belgian Professional Institute of Estate Agents (Institut professionnel des agents immobiliers, or IPI). IPI used private detectives to collect information on a real estate company alleged to be breaching IPI rules.
The ECJ ruled that, although EU countries weren't obliged to adopt it, the use of private detectives was in principle covered by an exception listed in Article 13(1) of the Data Protection Directive that permits data to be collected without informing the data subject in cases of “breaches of ethics for regulated professions.”
Berend van der Eijk, a lawyer with Bird & Bird LLP, in the Hague, the Netherlands, told Bloomberg BNA Nov. 12 that the ruling was “mostly relevant for legislators.”
“In general,” van der Eijk said, the “directive is supposed to provide for full harmonisation” of data protection laws in EU countries. But the ruling had shown where member states have leeway and “what can be harmonised and what not,” he said.
Monika Kuschewsky, special counsel with Covington & Burling LLP in Brussels, told Bloomberg BNA Nov. 12 that the ruling was a clarification that would have limited impact, in particular because the Data Protection Directive is expected to be replaced by an EU data protection regulation, or a single law for the EU bloc.
The European Commission, the EU's executive arm, proposed the data protection regulation in January 2012 . It is being discussed by the European Parliament and the EU Council, which represents the governments of EU member states.
“The new regulation if it is adopted would of course supersede whatever the court says now about the directive,” Kuschewsky said.
To contact the reporter on this story: Stephen Gardner in Brussels at firstname.lastname@example.org
To contact the editor responsible for this story: Katie W. Johnson at email@example.com
Full text of the court's opinion is available at http://op.bna.com/pl.nsf/r?Open=kjon-9ddqa5.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)