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Mc Cullagh, Karen 
ORCID: https://orcid.org/0000-0002-5215-3629
(2024)
Case C-33/22 Österreichische Datenschutzbehörde confirms that the GDPR has general application to Member States’ Parliaments.
European Data Protection Law Review, 10 (2).
pp. 232-236.
ISSN 2364-2831
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Abstract
The Court of Justice considered in Österreichische Datenschutzbehörde (C‑33/22) whether the personal data processing activities of a Parliament of a Member State fall within the scope of the GDPR 2016/679 and if the national security exemption therein should be interpreted broadly or narrowly. It decided that, as a general principle, they do fall within the scope of the GDPR, and in instances where the national security exemption is relied upon, that exemption should be interpreted narrowly. The Court also considered whether provisions of the GDPR relating to the right to lodge a complaint with a national supervisory authority could be applied directly, despite a constitutional principle of separation of powers that precludes external interference in the Parliament’s activities. It ruled that they can. This case note illustrates the confusion that previously existed and demonstrates that the decision brings much needed clarity.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | gdpr,national security exemption,supervisory authorities,material scope,competence,separation of powers,data protection,material scope of application,parliament,law,sdg 16 - peace, justice and strong institutions ,/dk/atira/pure/subjectarea/asjc/3300/3308 |
| Faculty \ School: | Faculty of Social Sciences > School of Law |
| UEA Research Groups: | Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law |
| Related URLs: | |
| Depositing User: | LivePure Connector |
| Date Deposited: | 02 Aug 2024 10:30 |
| Last Modified: | 12 Dec 2024 01:52 |
| URI: | https://ueaeprints.uea.ac.uk/id/eprint/96110 |
| DOI: | 10.21552/edpl/2024/2/15 |
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