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EU: CJEU publishes opinion on sale of a database in enforcement proceedings

On February 22, 2024, the Court of Justice of the European Union (CJEU) published the Advocate General's Opinion in case C-693/22. In particular, the Advocate General highlighted that that the case concerns the application of the General Data Protection Regulation (GDPR) by a Court enforcement officer in Poland, in the context of enforcement proceedings, and whether they may sell databases containing personal data.

The Advocate General clarified that the operations carried out by the enforcement officer for the purposes of estimating the value of the databases concerned and selling them, come within the scope of the GDPR. Specifically, the processing in question is lawful where it is necessary for the performance of a task carried out in the exercise of official authority vested in the enforcement officer. In such circumstances, the Advocate General considers the enforcement officer as the controller of the personal data.

In addition, the Advocate General observed that the processing carried out by the enforcement officer differs from the purpose of enabling the use of the online sales platform in the case concerned. For such processing to be compatible with the GDPR, it must constitute a necessary and proportionate measure in a democratic society to achieve one of the objectives of general interest under the GDPR. The case of ensuring enforcement of civil law claims justifies the processing of such data in the current case.

You can read the press realease here.

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