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Judgment
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Case C-101/01 Criminal proceedingsagainstBodil Lindqvist(Reference for a preliminary ruling from the Göta hovrätt (Sweden)) «(Directive 95/46/EC – Scope – Publication of personal data on the internet – Place of publication – Definition of transfer of personal data to third countries – Freedom of expression – Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State)» Opinion of Advocate General Tizzano delivered on 19 September 2002 Judgment of the Court, 6 November 2003 Summary of the Judgment 1.. Approximation of laws – Directive 95/46 – Scope – Definition of processing of personal data wholly or partly by automatic means – Act of referring, on an internet page, to various persons and identifying them by name or by other means – Included – Exceptions – Activities of the State or of State authorities unrelated to the fields of activity of individuals – Activities carried out in the course of private or family life of individuals – Processing of personal data consisting in publication on the internet in the exercise of charitable or religious activities – Not included (Directive 95/46 of the European Parliament and of the Council, Art. 3(1) and Art. 2, first and second indents) 2.. Approximation of laws – Directive 95/46 – Scope – Definition of personal data concerning health – Reference to foot injury resulting in part-time sick leave – Included (Directive 95/46 of the European Parliament and of the Council, Art. 8(1)) 3.. Approximation of laws – Directive 95/46 – Transfer of personal data to a third country – Definition – Loading of data on an internet page accessible to those with the technical means to access it, including those in third countries – Not included (Directive of the European Parliament and of the Council 95/46, Art. 25) 4.. Approximation of laws – Directive 95/46 – Respect for fundamental rights – Freedom of expression – Obligation of national authorities responsible for applying national legislation implementing the directive to ensure a fair balance between the rights and interests in question (European Convention for Human Rights, Art. 10; Directive of the European Parliament and of the Council 95/46) 5.. Approximation of laws – Directive 95/46 – National legislation for the protection of personal data – Need for consistency with provisions of directive and its objective – Possibility of a Member State's extending its scope to areas not included in the scope of the directive – Limits (Directive 95/46 of the Parliament and of the Council)