Data Protection

Question 1

What is the data privacy and data protection

Answer 1

Data privacy–> outlines who can access the data
Data protection–> tools and policies 2 actually restrict access to the data

Question 2

Explain the facts of the Asociatia de Proprietari bloc M5A-ScaraA

Answer 2

CJEU ruled that video recordings in residential buildings are considered personal data under the GDPR
-The Landlord had placed security cameras in building and tenants complained that they did not consent -
but landlord had LEGITIMATE INTERESTS for safety (building suffered constant damage and noise complaints by the police) so considered lawful

Question 3

Explain the facts of the Bodlil Lindqvist case

Answer 3

C-101/01 Bodil Lindqvist
CJEU ruled that posting data on personal websites fall within the EU data protection scope
Bodil Lindqvist (Swedish church volunteer) published info about her colleagues on her
personal website without their consent
Posting personal data online is considered “processing of personal data” under the Data
Protection Directive (95/46/EC), and must comply with EU data protection rules (obtaining consent from the individuals concerned)

Question 4

Explain the facts of the Rynes case

Answer 4

C-212/13 Rynes
CJEU ruled that such recording is subject to data protection rules since it goes beyond purely personal or household activities and thus must comply with the Data Protection Directive (95/46/EC)
Rynes installed a surveillance camera at his home to protect his property (people kept throwing rocks at his windows), which also recorded public spaces