Bodil Lindqvist v Åklagarkammaren i Jönköping

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Bodil Lindqvist v Åklagarkammaren i Jönköping
European stars.svg
Submitted 1 March 2001
Decided 6 November 2003
Full case nameBodil Lindqvist v Åklagarkammaren i Jönköping
Case numberCase C-101/01
ECLIECLI:EU:C:2003:596
Case TypeReference for a preliminary ruling
ChamberFull chamber
Nationality of partiesSwedish
Procedural historyReference 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.
Court composition
Judge-Rapporteur
D.A.O. Edward
President
P. Jann
Judges
Advocate General
A. Tizzano
Legislation affecting
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[edit]

Notes[edit]

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

Bibliography[edit]

Kuner, Cristopher (2013). Transborder Data Flows and Data Privacy Law. OUP. ISBN 0199674612.