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IPI V. ENGLEBERT (7.Nov.2013) (“ENGLEBERT”)

C-473/12 Case
CJEU
Data subject rights
Personal Data Fairness & Transparency Law Enforcement IP Address Processing Human Resources Transparency
Nov 7, 2013 Source
Summary

Right to be informed (derogation): Member States are allowed but not required to transpose into national law exceptions to the obligation to inform. (¶¶42-46, 50)

How it connects

4 of 6 paragraphs apply legislation or carry a topic — see them in the full text ↓

References

Related across sources

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Full text 6 paragraphs

Paragraphs carrying a topic or an applied provision show those connections inline Original at the source →
¶42

According to the order for reference, the profession of estate agent is a regulated profession in Belgium and IPI is a professional body responsible for ensuring compliance with the rules at issue through investigating and reporting breaches of those rules.

¶43

The activity of a body such as IPI corresponds to the situation referred to by the exception in Article 13(1)(d) of Directive 95/46, and is therefore capable of coming under that exception.

applies Art. 13(1)(d)
¶44

Since Directive 95/46 does not specify the manner in which the investigation and detection of failures to comply with the rules are carried out, it must be considered that the directive does not prevent such a professional body from having recourse to specialised investigators, such as private detectives responsible for that investigation and detection, in order to perform its duties.

¶45

It follows that, if a Member State has chosen to implement the exception provided for in Article 13(1)(d), then the professional body concerned and the private detectives acting for it may rely on it and are not subject to the obligation to inform the data subject provided for in Articles 10 and 11 of Directive 95/46.

Personal Data applies Art. 13(1)(d)
¶46

If, on the other hand, the Member State has not provided for that exception, the data subjects must be informed of the processing of their personal data according to the detailed provisions, in particular those concerning timing, of Articles 10 and 11.

Personal Data
¶50

In that regard, it should be stated that the rules on access to a regulated profession form part of the rules of professional ethics. It follows that investigations concerning the acts of persons who breach those rules by passing themselves off as estate agents are covered by the exception in Article 13(1)(d) of Directive 95/46.

applies Art. 13(1)(d)
Original document at the source eur-lex.europa.eu

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