Bodil Lindqvist v Åklagarkammaren i Jönköping explained

Court:ECJ
Submitdate:1 March
Submityear:2001
Decidedate:6 November
Decideyear:2003
Fullname:Bodil Lindqvist v Åklagarkammaren i Jönköping
Celexid:62001CJ0101
Casetype:Reference for a preliminary ruling
Casenumber:Case C-101/01
Ecli:ECLI:EU:C:2003:596
Chamber:Full chamber
Nationality:Swedish
Procedural:Reference of the Göta hovrätt (Sweden)
Ruling:Referring to various persons on an internet page and identifying them either by name or by other means constitutes processing of personal data by automatic means within the meaning of Community law.
Judgerapporteur:D.A.O. Edward
Judgepresident:P. Jann
Judge1:C.W.A. Timmermans
Judge2:C. Gulmann
Judge3:J.N. Cunha Rodrigues
Judge4:A. Rosas
Judge5:J.-P. Puissochet
Judge6:F. Macken
Judge7:S. von Bahr
Advocategeneral:A. Tizzano
Legislationaffecting:Interprets Directive 95/46/EC
Keywords:Directive 95/46/EC - Scope - Publication of personal data on the internet - Place of publication - Definition of transfer of personal data to third countries - Freedom of expression - Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State

Bodil Lindqvist v Åklagarkammaren i Jönköping (2003) is a decision by the Court of Justice of the European Communities (European Court of Justice). It held that referring to various persons on an internet page and identifying them either by name or by other means constitutes processing of personal data by automatic means within the meaning of Community law.[1]

It was the first time the Court ruled on the scope of Directive 95/46/EC (Data Protection Directive) and freedom of movement for such data on the internet.[2] It was cited in Costeja (2014), a controversial ruling that held an internet search engine operator established in the European Union (EU) is responsible for the processing that it carries out of personal information that appears on web pages published by third parties, confirming a right of erasure widely regarded as a so-called right to be forgotten.[3]

See also

Bibliography

Book: Kuner. Cristopher. Transborder Data Flows and Data Privacy Law. 2013. OUP. 0199674612.

Notes and References

  1. Web site: Judgment of the Court in Case C-101/01 (Lindqvist). CJEU.
  2. Web site: Press release No 96/03 (Judgment in Case C-101/01 (Lindqvist)). CJEU.
  3. Web site: Baldry. Tony. Tony Baldry. Hyams. Oliver. The Right to Be Forgotten. 1 Essex Court.