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Marián Kočner – CJEU Judgment (European Union, 2024)

CJEU Judgment
Court of Justice of the European Union5 March 2024European Union
final
CJEU Judgment

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The Court of Justice of the European Union ruled on a case involving Mr. Marián Kočner, who sought compensation for the unauthorized disclosure of his private messages by Europol. The court found that the arguments for compensation were unfounded. This ruling clarifies the limits of liability for data shared in criminal investigations.

What happened

Mr. Marián Kočner sought €100,000 in compensation from Europol for unauthorized disclosure of his private messages.

Who was affected

Mr. Marián Kočner, whose private data was disclosed during a criminal investigation.

What the authority found

The Court ruled that Europol and the Slovak Republic were not jointly liable for the alleged unauthorized disclosure of Mr. Kočner's data.

Why this matters

This ruling sets a precedent regarding the responsibilities of law enforcement agencies in handling personal data during investigations, emphasizing the need for clear legal frameworks.

Recorded legal citations
Automatically processed
Art. 82(4) GDPR
Art. 82(5) GDPR
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Art. 82(4) GDPR
Art. 82(5) GDPR

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Decision AuthorityCJEU

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Full Legal Summary
Detailed

Following the murder of a Slovak journalist and his fiancée, Mr Ján Kuciak and Ms Martina Kušnírová, in Slovakia on 21 February 2018, the Slovak authorities (Národná kriminálna agentúra (National Crime Agency, Slovakia; ‘NAKA’)) conducted an extensive investigation. At the request of those authorities, the European Union Agency for Law Enforcement Cooperation (‘Europol’) extracted the data stored on two mobile telephones allegedly belonging to Mr Marian Kočner, the data subject, who was prosecuted as an accomplice to that murder for having ordered the killings, following the investigation. Europol sent its scientific reports to those authorities and delivered to them a hard disk containing the encrypted data it had extracted. In one of its reports, Europol stated that Mr Kočner had been detained on suspicion of a financial offence since 2018 and that his name was, inter alia, directly linked to the ‘so-called mafia lists’ and the ‘Panama Papers’. In May 2019, the Slovak press and international network of investigative journalists published a large amount of information relating to Mr Kočner from his mobile telephones, including transcripts of intimate communications exchanged between him and his girlfriend. The conversation was carried by means of encrypted messaging service. For the reasons stated above, Mr Kočner sent a complaint to Europol seeking compensation in the amount of €100,000 as a reparation for the non-material damage on the bases of [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0794 Article 50(1) Regulation 2016/794]. The sought compensation consisted of €50,000 for the unlawful disclosure of data subject's intimate conversation with his girlfriend and €50,000 for the inclusion of his name on the 'mafia list'. Europol and Slovak Republic contended that the arguments are unfounded as, firstly, Regulation 2016/794 (setting up the rules for the Europol) does not provide for such joint liability of Europol and the Member State.

Outcome

CJEU Case

A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.

Related Cases (0)

No other cases found for Marián Kočner in EU

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

Details

Judgment Date

5 March 2024

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Marián Kočner - European Union (2024). Retrieved from cookiefines.eu

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