personal data

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On 6 February, the EU’s Advocate General Spielmann provided his opinion (the Opinion) in the case of EDPS v SRB (Case C‑413/23 P), advising that the previous judgment of the General Court be set aside and referred for judgment back to it. The Opinion offers some interesting views on how we should consider the effect of pseudonymising personal data. 

Key Takeaways

  • The Opinion concerns the scope of “personal data” under Regulation 2018/1725 (which is the EU institutions’ equivalent to the GDPR and which mirrors much of the same language and principles as the GDPR). It proposes a broader conceptualisation
… Continue Reading One man’s pseudonymisation is another man’s anonymisation: The AG Opinion in SRB v EDPS and the scope of “personal data”

In Doolin v DPC [2020], the High Court held that an employer’s use of CCTV footage in an employee’s disciplinary proceedings constituted unlawful further processing. It concluded that the Data Protection Commission (DPC) had made an “error of law” in their finding that no further processing of the CCTV footage had occurred. The Court found that the CCTV footage was lawfully collected for security purposes. However, the CCTV footage was then unlawfully further processed for the purpose of the disciplinary proceedings, which was incompatible with the original purpose for which the CCTV footage was processed. The decision shows the importance of only using personal data, particularly CCTV footage, for the purpose for which it was collected.
Continue Reading Use of CCTV footage in disciplinary proceedings breached employee’s data protection rights

Under Section 26 of the Data Protection Acts 1988 and 2003, an appeal before the courts is provided for against a decision of the Data Protection Commissioner in relation to a complaint under Section 10(1)(a) of the Acts. The scope and applicable review standard for such an appeal was one of two key issues which came before the Supreme Court in the recent case of Nowak v. The Data Protection Commissioner (Judgment of O’Donnell J delivered on 28th April 2016).Continue Reading Nowak v. The Data Protection Commissioner: Data subjects’ right of appeal and testing the boundaries of “personal data”