The Court Of Justice Of The European Union’s Desicion On The General Data Protection Regulation Has Been Published

The Court of Justice of the European Union (“CJEU”) examined the General Data Protection Regulation (“GDPR”) in its desicion C 446/21 titled Maximilian Schrems vs. Meta Platforms Ireland Ltd., published on its official website on October 4, 2024.

According to the desicion:

  • Mr Maximilan Schrems, a user of the social network Facebook, and Meta Platforms Ireland Limited, formerly Facebook Ireland Limited, whose registered office is in Ireland, concerning that company’s allegedly unlawful processing of that user’s personal data.
  • The Court rules must be interpreted as meaning that the principle of data minimisation provided for therein precludes any personal data obtained by a controller, such as the operator of an online social network platform, from the data subject or third parties and collected either on or outside that platform, from being aggregated, analysed and processed for the purposes of targeted advertising without restriction as to time and without distinction as to type of data.
  • The processing of data at issue in the main proceedings is characterised by a serious interference with the fundamental rights of the data subjects, in particular their right to respect for their private life and the protection of personal data guaranteed by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.
  • Article 5(1)(c) of the GDPR must be interpreted as meaning that the principle of data minimisation provided for therein precludes all of the personal data obtained by a controller, such as the operator of an online social network platform, from the data subject or third parties and collected either on or outside that platform, from being aggregated, analysed and processed for the purposes of targeted advertising without restriction as to time and without distinction as to type of data.
  • The Court rules the fact that a person has manifestly made public information concerning his or her sexual orientation does not mean that that person has given his or her consent within the meaning of Article 9(2)(a) of the GDPR to processing of other data relating to his or her sexual orientation by the operator of an online social network platform.

You can reach further information here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr