CJEU - C-T-82/09 - Dennekamp I: Difference between revisions

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CJEU - T-82/09. Dennekamp I
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Court: CJEU
Jurisdiction: European Union
Relevant Law:
Article 8(b) of Regulation (EC) No 45/2001
Article 4(1)(b) of Regulation No 1049/2001
Decided: 23.11.2011
Parties:
Case Number/Name: T-82/09. Dennekamp I
European Case Law Identifier: ECLI:EU:T:2011:688
Reference from:
Language: 24 EU Languages
Original Source: Judgement
Initial Contributor: Basil10

The Court emphasized that if a person is a public figure, it cannot be a sole basis for disclosing his personal data on the grounds of public interests and the legitimate interests as well as the privacy rights of such a person must be considered.

English Summary

Facts

The applicant submitted an application requesting public access to all the documents concerning additional pension scheme for Members of the European Parliament. The same was rejected by the European parliament on the ground that such documents contain details regarding the private lives of MEPs and such a disclosure would violate their right to privacy and integrity and would be contrary to Article 8(b) of Regulation (EC) No 45/2001 and Article 4(1)(b) of Regulation No 1049/2001.

Holding

The court held that the applicant was unable to fulfill the obligation under Article 8(b) of the Regulation No 45/2001 that requires the demonstration of express and legitimate reasons for sharing the requested personal data so that the European parliament can balance the interests of the concerned parties and to determine whether the legitimate interests and the privacy of the MEPs would be violated by transferring the requested data in such a scenario.

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