Data Protection Directive

Article 10

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Information in cases of collection of data from the data subject

Member States shall provide that the controller or his representative must provide a data subject from whom data relating to himself are collected with at least the following information, except where he already has it:

\- the recipients or categories of recipients of the data,

\- whether replies to the questions are obligatory or voluntary, as well as the possible consequences of failure to reply,

\- the existence of the right of access to and the right to rectify the data concerning him

in so far as such further information is necessary, having regard to the specific circumstances in which the data are collected, to guarantee fair processing in respect of the data subject.

Holdings

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C-40/1729 Jul 2019

Fashion ID GmbH & Co.KG v Verbraucherzentrale NRW eV

Where a website operator embeds a social plugin that causes a visitor's browser to request content from the plugin provider and transmit the visitor's personal data to that provider, any consent required under Articles 2(h) and 7(a) of Directive 95/46 must be obtained by the operator only for the processing operations for which it determines the purposes and means. In the same situation, the duty to inform under Article 10 of Directive 95/46 also falls on the operator, but only as regards the processing operations for which it actually determines the purposes and means.

C-25/1710 Jul 2018

Proceedings brought by Tietosuojavaltuutettu

The collection of personal data by members of a religious community in the course of door-to-door preaching, and the subsequent processing of those data, is not processing for the purposes of the activities referred to in Article 3(2), first indent, of Directive 95/46. It is also not processing carried out by a natural person in the course of a purely personal or household activity within the meaning of Article 3(2), second indent, of that directive.

C-25/1710 Jul 2018

Proceedings brought by Tietosuojavaltuutettu

A religious community may be a controller, jointly with its members who engage in preaching, for personal-data processing carried out by those members in the context of door-to-door preaching organised, coordinated and encouraged by that community. That is so even if the community does not have access to the data and even if it has not given its members written guidelines or instructions on the processing.

C-201/141 Oct 2015

Smaranda Bara and Others v Casa Naţională de Asigurări de Sănătate and Others

Articles 10, 11 and 13 of Directive 95/46 preclude national measures that allow one public administrative body of a Member State to transfer personal data to another public administrative body, and allow the receiving body then to process that data, without informing the data subjects of the transfer or the processing.

C-101/016 Nov 2003

Criminal proceedings against Bodil Lindqvist.

Directive 95/46 does not, by itself, create a restriction that conflicts with freedom of expression or with other freedoms and rights applicable in the European Union, including those protected by Article 10 of the European Convention on Human Rights. National authorities and courts applying the national rules that implement Directive 95/46 must ensure a fair balance between the rights and interests concerned, including the fundamental rights protected by EU law.