The issue of proportionality: Re-use of personal data from public registers

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Authors

MÍŠEK Jakub

Year of publication 2024
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
Description The article examines proportionality in data protection law, particularly in the context of public register data re-use. Analyzing recent CJEU case law and EU legislation, it explores whether the proportionality test can yield different results at EU and member state levels. While CJEU tends to favor personal data protection over transparency, the article argues that societal context matters - factors like corruption levels or democratic institution health in different member states may justify varied outcomes. The analysis shows that proportionality assessment should reflect specific national contexts without undermining EU law uniformity. This is particularly relevant for countries where broader public access to personal data from public registers might be necessary to fight corruption effectively.
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