VQ – CJEU Judgment (European Union, 2020)

CJEU Judgment
Court of Justice of the European Union9 July 2020European Union
final
CJEU Judgment

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 ruled on whether GDPR applies to a parliamentary committee handling citizen petitions. The court clarified that such committees may be considered public authorities under GDPR, impacting how personal data requests are handled in parliamentary contexts.

What happened

The CJEU clarified whether GDPR applies to a parliamentary committee handling citizen petitions.

Who was affected

Individuals submitting petitions to the Parliament of Land Hessen in Germany.

What the authority found

The CJEU held that parliamentary committees can be considered public authorities under GDPR, affecting their obligations to provide access to personal data.

Why this matters

This ruling clarifies that GDPR can apply to parliamentary activities, influencing how personal data requests are managed in government contexts. It sets a precedent for similar cases across the EU, emphasizing the broad scope of GDPR.

GDPR Articles Cited

Art. 15 GDPR
Art. 4(7) GDPR
Decision AuthorityCJEU
Full Legal Summary
Detailed

VQ submitted a petition to the Petitions Committee of the Parliament of Land Hessen, in Germany. After that, he made an access request, pursuant to Article 15 GDPR. In particular, he asked to have access personal data concerning him, recorded by that Committee when dealing with his petition. However, the President of the Parliament of Land Hessen rejected the request, arguing that the GDPR was not applicable as the petition procedure constituted a function of the parliament, activity that would fall outside of its scope. Dissatisfied, VQ brought an action before the Verwaltungsgericht Wiesbaden (Administrative Court of Wiesbaden, Germany) challenging this decision. While considering that German law did not grant the right to access in this context, the Court was uncertain whether: a) the Committee could be categorised as a ‘public authority’, within the meaning of Article 4(7) GDPR; and b) it could be considered as the ‘controller’ of VQ’s personal data. Besides that, that Court was also uncertain whether it itself could be considered as a ‘court or tribunal’, within the meaning of Article 267 TFEU, read together with the second paragraph of Article 47 of the Charter. In those circumstances, it decided to stay the proceedings and to refer the following questions to the CJEU for a preliminary ruling: (1) Is Article 15 GDPR applicable to the committee of a parliament of a Federated State of a Member State that is responsible for dealing with the petitions of citizens and is that committee to be regarded as a public authority within the meaning of Article 4(7) GDPR? (2) Is the referring court an independent and impartial court or tribunal within the meaning of Article 267 TFEU read in conjunction with the second paragraph of Article 47 of the Charter? The CJEU considered that, by its second question, the Verwaltungsgericht Wiesbaden asked for a clarification on the admissibility of its request for a preliminary ruling, given that being a ‘court or tribunal

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 VQ in EU

This is the only recorded case for this entity in this jurisdiction.

Details

Judgment Date

9 July 2020

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. VQ - European Union (2020). Retrieved from cookiefines.eu

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