/European Union: ECJ Rules On Obligation To Provide Information To Data Subjects

On 7 November 2013, the Court of Justice of the European Union ("ECJ") issued an interesting judgment concerning the obligation to provide information to data subjects when processing their personal data.

The ECJ gave its judgment after a reference for a preliminary ruling by the Belgian Constitutional Court (Grondwettelijk Hof / Cour constitutionnelle) in a case pending before the commercial court of Charleroi.

The institute for real estate agents (Beroepsinstituut van Vastgoedmakelaars / Institut professionnel des agents immobiliers – the "Institute"), a body responsible for ensuring compliance with the conditions of access to and the proper practice of the profession of real estate agent, had relied on services of private detectives to gather information relating to three real estate agents who had allegedly committed acts that were contrary to the ethical rules of the Institute.