Court case Usž-670/21-2 – Court Ruling (Croatia, 2020)

The plaintiff points out that in this particular case about the controller's obligations regarding an Access Request, he proposed to submit a preliminary question to the Court of Justice of the European Union. He proposes that the High Administrative Court annul the first-instance judgment, uphold the plaintiff's claim and annul the defendant's decision. He seeks reimbursement of the costs of the appeal proceedings. The plaintiff filed an appeal against the judgment for substantial violation of the rules of court procedure, erroneously and incompletely established facts in the dispute and erroneous application of substantive law. In making such a claim, the first-instance court did not explain and specify on the basis of which it concludes that all credit documentation should be considered personal data, nor did it correlate with the notion of personal data from Art. (4)(1) GDPR on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The erroneous and incompletely established factual situation was committed by the court failing to establish all the circumstances of the case, and in particular failing to establish precisely what is considered personal data and why it considers all credit documentation to be personal data. The court also erred in finding that providing the respondent with a copy of the requested documentation does not adversely affect the rights and freedoms of other individuals, emphasizing that other individuals do not mean the processing manager himself. The first-instance court only states this position in the reasoning of the judgment, without explaining on the basis of which it came to such a conclusion and from which it follows that such an interpretation of the said Article of the General Data Protection Regulation should be considered valid. It also maintains that the substantive law has been erroneously applied accordingly, for all the reasons stated during the administrative