V & EDPS v. EUROPEAN PARLAMENT
V. v. Parliament
Article 8 (Respect for Private Life) of the ECHR: Article 8 ECHR on private life relates to a fundamental right which covers the right to secrecy of one’s medical state. The transfer of that data to a third party, even another EU institution, is an interference with that right, whatever the final use. Such interference may be justified if it is “in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of t
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However, it has been held that restrictions may be imposed on fundamental rights provided that they in fact correspond to objectives of general public interest and do not constitute, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very substance of the right protected (Case C‑404/92 P X v Commission, paragraph 18). In that regard, Article 8(2) of the ECHR must be taken as a reference point. Under that provision, interference by a public authority with private life may be justified provided that (i) it is ‘in accordance with the law’, (ii) it pursues one or more of the – exhaustively listed – objectives and (iii) it is ‘necessary’ in order to achieve that (those) objective(s).
In this case, as has been stated previously, the protection of personal data plays a fundamental role in the exercise of the right to respect for private and family life, embodied in Article 8 of the ECHR. Respect for the confidentiality of health information constitutes one of the fundamental rights protected by the legal order of the European Union (see judgments of
Article 19(1) of Directive 95/46 provides: ‘Member States shall specify the information to be given in the notification. It shall include at least: (a) the name and address of the controller and of his representative, if any; (b) the purpose or purposes of the processing; (c) a description of the category or categories of data subject and of the data or categories of data relating to them; (d) the recipients or categories of recipient to whom the data might be disclosed; (e) proposed transfers of data to third countries; …’
If the fourth question is answered in the affirmative: Must Article 20 of Directive 95/46 … be interpreted as meaning that no effective prior check has been performed, if it was effected on the basis of a register established in accordance with the second indent of Article 18(2) of that directive which lacks an item of information prescribed?