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ARTICLE · 06 JANUARY 2014

ECJ Rules Exceptions To Obligation To Notify Data Subjects Of Processing Are Optional

The European Courts of Justice (ECJ) ruled in the case of Institut professionel des agents immobiliers (IPI) v. Englebert, E.C.J No. C 473/12, 11/07/13) that EU member states have the option, but not an obligation, to transpose the list of exceptions provided under Article 13 of the EU Data Protection Directive 95/46/EC, which allows for the collection and processing of personal data without notifying the data subject in the following limited necessary circumstances

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The European Courts of Justice (ECJ) ruled in the case of Institut professionel des agents immobiliers (IPI) v. Englebert, E.C.J No. C 473/12, 11/07/13) that EU member states have the option, but not an obligation, to transpose the list of exceptions provided under Article 13 of the EU Data Protection Directive 95/46/EC, which allows for the collection and processing of personal data without notifying the data subject in the following limited necessary circumstances:

  • To safeguard national security
  • For defence
  • For public security
  • For the prevention, investigation, detection and prosecution of criminal offences or breaches of ethics for regulated professions
  • For an important economic or financial interest of a Member State, including budgetary or taxation matters

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