Balancing Between PSI and Personal Data: EU and National Perspectives
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| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
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| Description | Current CJEU case law sets limits on the disclosure and thus re-use of public sector information containing personal data. In particular, in the ruling in joint cases C-37/20 a C-601/20 CJEU decided that the obligation to disclose information on the beneficial owners of companies within the meaning of Article 30 of the amended Directive 2015/849 is in breach of the Charter of Fundamental Rights of the EU, given that, although this regulation is an appropriate tool in the fight against corruption, it is not strictly necessary (there is a less invasive solution) and at the same time it does not offer sufficient guarantees for the effective protection of fundamental rights and therefore disproportionately interferes with them. The discussion contribution takes this decision as its starting point and addresses the question of whether the proportionality test contained therein is binding on all Member States when making national law. |
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