# PARLIAMENT V. COUNCIL (PNR)

- Type: Case Law
- Source: CJEU
- Date: 2006-05-30
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62004CJ0317
- Canonical: https://overview.legal/posts/5985
- Topics: Privacy by Design, Privacy by Default, Privacy Shield, Data Portability, International Transfer, Personal Data, Processing, Law Enforcement, Special Categories of Data, Access Controls

## Summary

Transfers: Where the transfers of personal data are authorized under an agreement that was adopted ultra vires, the authorization is void.

## Sections (5)

### ¶67

Article

### ¶68

The Agreement relates to the same transfer of data as the decision on adequacy and therefore to data processing operations which, as has been stated above, are excluded from the scope of the Directive.

### ¶69

Consequently, Decision 2004/496 cannot have been validly adopted on the basis of Article

### ¶95

EC.

### ¶70

That decision must therefore be annulled and it is not necessary to consider the other pleas relied upon by the Parliament.

## Cited law provisions (2)

### GDPR — gdpr-art-25-en

Data protection by design and by default

### GDPR — gdpr-art-95-en

This Regulation shall not impose additional obligations on natural or legal persons in relation to processing in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.

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