SIA 'SS' – CJEU Judgment (Latvia, 2021)
CJEU judgment — not a DPA enforcement action
This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.
The Court of Justice of the European Union clarified that phone numbers and car chassis numbers are personal data under GDPR when linked to individuals selling cars online. This means companies must handle such data carefully, especially when sharing it with tax authorities. This ruling is important for online platforms that deal with personal data in classified ads.
What happened
The Court of Justice ruled that phone numbers and car chassis numbers are personal data when linked to individuals selling cars online.
Who was affected
Individuals selling cars on SIA 'SS' website whose phone numbers and car chassis numbers were requested by the tax authority.
What the authority found
The Court held that national laws can require online services to share personal data with tax authorities if there's a clear legal basis and the data is necessary for tax purposes.
Why this matters
This decision highlights that online platforms must treat certain information as personal data and ensure they have a legal basis for sharing it with authorities. It underscores the importance of understanding what constitutes personal data under GDPR.
GDPR Articles Cited
In the opinion of AG Bobek, data such as phone number and car chassis number must be considered as personal data in the sense of Article 4(1) GDPR when relating to identified or identifiable individuals selling their cars via a specialized website. AG Bobek is also of the opinion that Article 6(1)(c) GDPR and Article 6(3) GDPR do not preclude national rules from laying down, without any limit in time, an obligation for Internet advertising service providers to communicate certain personal data to a tax authority, as long as there is a clear legal basis in national law for such a type of data transfer and the data requested are suitable and necessary for the tax authority to complete its official tasks. SIA ‘SS’ (‘the applicant’) is a company specialized in online advertising services. Private individuals may post and advertise various products on the applicant's website ([https://www.ss.com www.ss.com]) with a view of selling them. These products may include vehicles such as second-hand cars or motorbikes. On 28 August 2018, the director of the Latvian Tax Inspection Office (‘the defendant’) sent to the applicant request for information on the basis of Article 15(6) of the Law on taxes and duties. In that request, the defendant asked the applicant to renew the defendant's access to information, and in particular information on (1) the telephone numbers of advertisers ; (2) the chassis numbers of vehicles featured in advertisements published on the applicant’s website, and (3) information on advertisements published in the ‘Motor Vehicles’ section of the website during the period from 14 July to 31 August 2018. The applicant was asked to send the information electronically, in a format that would allow the data to be filtered and selected. The applicant was also asked to include the following information in the data file: a link to the advertisement, advertisement text, make of vehicle, model, chassis number, price, vendor’s telephone numbers. The applicant lodg
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (0)
No other cases found for SIA 'SS' in LV
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
2 September 2021
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-3986About this data
Cite as: Cookie Fines. SIA 'SS' - Latvia (2021). Retrieved from cookiefines.eu
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