Case Summary
The judgment originates from requests for a preliminary ruling concern the interpretation of Article 15(1) of Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector read in the light of Articles 4, 6, 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union and Article 4(2) TEU. Among other aspects, the Court considers the compatibility of automated analyses of traffic and location data with Articles 7, 8, 11 of the CFREU and the right to an effective remedy, highlighting to the discrimination risks in the context of automated decision-making.
In this judgement, the Court set substantive and procedural safeguards for automated analyses, including the possibility to review of the decision by non-automated means. Moreover, the Court held that pre-established criteria and models cannot be based on sensitive data in isolation, and that regular re-examination of the models and criteria is necessary to ensure that those pre-established models and criteria and the databases used are reliable and up to date (§§181 and 182).
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