# V & EDPS v. EUROPEAN PARLAMENT - Type: Case Law - Source: CJEU - Identifier: ECLI:EU:F:2011:101 - Date: 2011-07-05 - Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62009CJ0092 - Canonical: https://overview.legal/posts/5975 - Topics: Criminal Data, Personal Data, Consent, Processing, Security, Minors, Healthcare, Professional Secrecy, GDPR Subject-Matter and Objectives, Health Data ## Summary 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 ## Sections (4) ### ¶113 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). > Topics: Public Authority, Public Sector · Applies: gdpr-art-8-par-2-en ### ¶123 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 > Topics: Healthcare, Personal Data · Applies: gdpr-art-8-en ### ¶8 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; …’ > Topics: Recipient, Representatives, International Transfer, Personal Data · Applies: gdpr-art-19-en ### ¶5 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? > Applies: gdpr-art-18-par-2-en, gdpr-art-20-en ## Cited law provisions (6) ### GDPR — gdpr-art-8-par-2-en The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology. ### GDPR — gdpr-art-8-en Conditions applicable to child's consent in relation to information society services ### GDPR — gdpr-art-10-en Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority. ### GDPR — gdpr-art-19-en The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it. ### GDPR — gdpr-art-18-par-2-en Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. ### GDPR — gdpr-art-20-en Right to data portability --- Generated by overview.legal · https://overview.legal/posts/5975 · 2026-08-22