Editing CJEU - C-398/15 - Salvatore Manni

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The Court did not consider that this cause an interference with the rights under the Charter as Directive 68/151 only requires limited personal data to be put on registers. Additionally, it considered it natural that individuals who choose to participate in trade through a company would be required to disclose data relating to their identity. Finally, it considered that the need to protect the interest of third parties and ensure legal certainty and fair trading for the internal market may take precedence. However, the Court did not exclude that in specific scenarios, there may be overriding and legitimate reasons for the data of the person concerned to be kept for a limited (and shorter) period of time after expiry. The burden of proof of demonstrating this specific reason falls on the data subject.  
 
The Court did not consider that this cause an interference with the rights under the Charter as Directive 68/151 only requires limited personal data to be put on registers. Additionally, it considered it natural that individuals who choose to participate in trade through a company would be required to disclose data relating to their identity. Finally, it considered that the need to protect the interest of third parties and ensure legal certainty and fair trading for the internal market may take precedence. However, the Court did not exclude that in specific scenarios, there may be overriding and legitimate reasons for the data of the person concerned to be kept for a limited (and shorter) period of time after expiry. The burden of proof of demonstrating this specific reason falls on the data subject.  
  
The Court concluded that the balancing of rights under the Data Protection Directive and Directive 68/151 should be done on a case by case basis. The Court therefore left it for the national court to make the assessment of whether Salvatore Manni's data protection rights outweigh the rights under Directive 68/151. The Court did note that the fact that Manni could not purchase the buildings based on the data available on the register would not be a sufficient reason.   
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The Court concluded that the balancing of rights under the Data Protection Directive and Directive 68/151 should be done on a case by case basis. The Court therefore left it for the natioanl court to make the assessment of whether Salvatore Manni's data protection rights outweigh the rights under Directive 68/151. The Court did note that the fact that Manni could not purchase the buildings based on the data available on the register would not be a sufficient reason.   
  
 
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