Current Case Law of CJEU and its Impact on Open Data

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Authors

MÍŠEK Jakub

Year of publication 2023
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
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Description This presentation explores the intersection of open data initiatives and personal data protection in the European Union, focusing on the Court of Justice of the European Union's (CJEU) recent case law. Employing normative legal science and legal hermeneutics methodologies, the study examines the EU's regulatory framework, including the Open Data Directive, Data Governance Act, and GDPR, which aim to balance public sector information re-use with privacy concerns. Analysis of key CJEU rulings (C-439/19, C-184/20, C-37/20, and C-601/20) reveals a restrictive approach to personal data processing in information publication contexts. The presentation argues that while the CJEU serves as a unifying body for EU law application, the balancing test between data openness and privacy may yield varying results across different national contexts, particularly between traditional and younger democracies.
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