Media contributions
1Media contributions
Title Op-Ed: “Confirmation in Österreichische Datenschutzbehörde that the GDPR applies to Member State Parliaments” Country/Territory United Kingdom Date 20/02/24 Description The Court of Justice considered in Österreichische Datenschutzbehörde (C 33/22) whether the personal data processing activities of a Parliament of a Member State fall within the scope of the GDPR 2016/679 and if the national security exemption therein should be interpreted broadly or narrowly. It decided that as a general principle, they do fall within the scope of the GDPR, and in instances where the national security exemption is relied upon, that exemption should be interpreted narrowly. The Court also considered whether provisions of the GDPR relating to the right to lodge a complaint with a national supervisory authority could be applied directly, despite a constitutional principle of separation of powers that precludes external interference in the Parliament’s activities. It ruled that they can. This blog post illustrates the confusion that previously existed and demonstrates that the decision brings much needed clarity. Persons Karen Mc Cullagh
Keywords
- GDPR - material scope of application
- GDPR - exemptions
- GDPR - parliamentary activities
- GDPR - supervisory authorities