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Case C-461/22, MK (Professional guardian): Judgment of the Court (Ninth Chamber) of 11 July 2024 (request for a preliminary ruling from the Landgericht Hannover – Germany) – MK v WB (Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 2(2)(c) – Scope – Exclusion – Purely personal or household activity – Article 4(7) – Controller – Former guardian who performed his or her duties in a professional capacity – Article 15 – Access of the person who has been placed under legal guardianship to data collected by that former guardian during the performance of his or her duties)
ECLI:EU:UNKNOWN:62022CA0461
62022CA0461
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Official Journal of the European Union
C series
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C/2024/5194
(Case C-461/22,
MK (Professional guardian))
(Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 2(2)(c) - Scope - Exclusion - Purely personal or household activity - Article 4(7) - Controller - Former guardian who performed his or her duties in a professional capacity - Article 15 - Access of the person who has been placed under legal guardianship to data collected by that former guardian during the performance of his or her duties)
(C/2024/5194)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: MK
Defendant: WB
Operative part of the judgment
Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),
must be interpreted as meaning that a former guardian who performed his or her duties in a professional capacity in respect of a person placed under his or her guardianship must be classified as a ‘controller’, within the meaning of that provision, of personal data in his or her possession concerning that person and that such processing must comply with all the provisions of that regulation, including Article 15 thereof.
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ELI: http://data.europa.eu/eli/C/2024/5194/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German.