Centrum Doskonałości Jeana Monneta

Judgement of the CJEU in the case no. C-201/14 Smaranda Bara and others v. Președintele Casei Naționale de Asigurări de Sănătate and others. The protection of personal data and their use by the national governments.

CC: Personal Data Journal Source: pde.cc/journal

CC: Personal Data Journal Source: pde.cc/journal

We invite you to read the newest judgement of the Court of Justice of the European Union touching the issue of protection of the personal data: case of 01.10.2015 no. C-201/14 Smaranda Bara and Others v Președintele Casei Naționale de Asigurări de Sănătate, Casa Naţională de Asigurări de Sănătate, Agenţia Naţională de Administrare Fiscală (ANAF).

 

The judgement concerns the right to protection of personal data, which the right has been granted to the all citizens of the European Union under the Article 8 of the Charter of Fundamental Rights of the EU.

In short, the facts of the case were as following. The Romanian governmental bodies, specifically the tax authorities and the bodies responsabile for the matter of public health and social insurance, were exchanging between each other the information on the Romanian citizens, on a basis of an internal agreement (decision). The citizens neither were informed about’, nor their consent for such processing of information (including the personal data also) was obtained by the government. Subsequently, the authorities used the collected personal data to collect public liabilities from the citizens (like taxes etc.) more efficiently. The core issue of the case was the legallity of such use of personal data of citizens.

Finally, the CJEU ruled that Articles 10, 11 and 13 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, must be interpreted as precluding national measures, such as those at issue in the main proceedings, which allow a public administrative body of a Member State to transfer personal data to another public administrative body and their subsequent processing, without the data subjects having been informed of that transfer or processing.

You may read the whole text of the judgement under the following link.