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Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy
Judgment
Summary
Admissibility of illegally obtained evidence: Article 47 of the Charter of Fundamental Rights of the EU precludes national court from rejecting, 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
Full text
summary
Admissibility of illegally obtained evidence: Article 47 of the Charter of Fundamental Rights of the EU precludes national court from rejecting, 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.”
¶87 excerpt
As has been stated in paragraph 82 of the present judgment, rejecting a list, such as the contested list, as evidence of an infringement of the rights conferred by Directive 95/46, constitutes a limitation on the right to an effective remedy before a court within the meaning of Article 47 of the Charter.
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