# Patrick BREYER v. BUNDESREPUBLIK DEUTSCHLAND, (“BREYER”) - Type: Case Law - Source: CJEU - Date: 2016-10-19 - Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62014CJ0582 - Canonical: https://overview.legal/posts/5954 - Topics: Consent, Legitimate Interest, Personal Data, Processing ## Summary Legitimate interest: Article 7(f) of Directive 95/46 “precludes Member States from excluding, categorically and in general, the possibility of processing certain categories of personal data without allowing the opposing rights and interests at issue to be balanced against each other in a particular case. Thus, Member States cannot definitively prescribe, for certain categories of personal data, the result of the balancing of the opposing rights and interests, without allowing a different result ## Full text ## Court Summary Legitimate interest: Article 7(f) of Directive 95/46 “precludes Member States from excluding, categorically and in general, the possibility of processing certain categories of personal data without allowing the opposing rights and interests at issue to be balanced against each other in a particular case. Thus, Member States cannot definitively prescribe, for certain categories of personal data, the result of the balancing of the opposing rights and interests, without allowing a different result by virtue of the particular circumstances of an individual case” (see, ASNEF paragraphs 47 and 48). (¶62). ## Excerpt 62 Article 7(f) of that directive precludes Member States from excluding, categorically and in general, the possibility of processing certain categories of personal data without allowing the opposing rights and interests at issue to be balanced against each other in a particular case. Thus, Member States cannot definitively prescribe, for certain categories of personal data, the result of the balancing of the opposing rights and interests, without allowing a different result by virtue of the particular circumstances of an individual case (see, to that effect, judgment of 24 November 2011, ASNEF and FECEMD, C‑468/10 and C‑469/10, EU:C:2011:777, paragraphs 47 and 48). ## Cited law provisions (1) ### GDPR — gdpr-art-7-en Conditions for consent --- Generated by overview.legal · https://overview.legal/posts/5954 · 2026-08-22