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CJEU: Commission lawfully redacted participant names from meeting minutes under Access

Original title: COMMISSION V. BAVARIAN LAGER CO., 29.Jun.2010 (“BAVARIAN LAGER”)

C-28/08 Case
CJEU
right of access
AG Opinion
Consent Minors Personal Data Right of Access Legitimate Interest Lawful Basis IP Address International Transfer
Jun 29, 2010 Source
Summary

Access: Where a request based on Regulation No 1049/2001 (Access to Documents Regulation) seeks to obtain documents including personal data, applicable EU data protection law applies in its entirety. When requesting minutes of a meeting between the Commission and a member state that include the names of the participants, the requester must establish an express and legitimate purpose or need for disclosure of the names of the participants. The Commission was right to verify whether the data subje

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

References

Related across sources

Guidance Guidelines 02/2024 on Article 48 GDPR EDPB Guidance Art. 29 WP Guidelines on GDPR transparency requirements (WP260 rev.01) EDPB Guidance Guidelines 03/2022 on Deceptive design patterns in social media platform interfaces: how to recognise and avoid them EDPB Guidance Guidelines 06/2022 on the practical implementation of amicable settlements EDPB Guidance Guidelines 10/2020 on restrictions under Article 23 GDPR EDPB Literature General Data Protection Regulation (GDPR) ambiguity, national diversity and data protection officer certification: Implementing Art. 39(1) GDPR in France, Italy, Luxembourg and Spain Journal of Data Protection Privacy

Full text 4 paragraphs

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¶75

Whether under the former system of Directive 95/46 or under the system of Regulations Nos 45/2001 and 1049/2001, the Commission was right to verify whether the data subjects had given their consent to the disclosure of personal data concerning them.

Personal Data Consent
¶76

This Court finds that, by releasing the expurgated version of the minutes of the meeting of

¶77

By requiring that, in respect of the five persons who had not given their express consent, Bavarian Lager establish the necessity for those personal data to be transferred, the Commission complied with the provisions of Article 8(b) of Regulation No 45/2001.

Personal Data Consent applies Art. 8
¶78

As Bavarian Lager has not provided any express and legitimate justification or any convincing argument in order to demonstrate the necessity for those personal data to be transferred, the Commission has not been able to weigh up the various interests of the parties concerned. Nor was it able to verify whether there was any reason to assume that the data subjects’ legitimate interests might be prejudiced, as required by Article 8(b) of Regulation No 45/2001.

Legitimate Interest Personal Data applies Art. 8
Original document at the source eur-lex.europa.eu

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