DATA PROTECTION | The Advocate General Priit Pikamäe on database selling without data subject’s consent

On 22 February 2024, Advocate General Priit Pikamäe (the “AG”) issued his final conclusions on Case C-693/22 (I. sp. z o. o. v. M. W.) concerning the sale of a database containing personal data. The Case originated from a dispute between two companies in Poland, where one party had a debt to claim. Part of the debtor’s assets included a database containing the personal data of individuals who had not given their consent to their data being processed or shared with third parties outside the platform. The Polish court sought the CJEU’s opinion on whether such a database could be sold in law enforcement without the consent of the data subjects involved. In the Advocate General’s Opinion, it is proposed that the CJEU should affirm this possibility. The Advocate General affirms that the processing in question should be considered lawful where it is necessary for the performance of a task carried out in the exercise of official authority vested in the court enforcement officer. The CJEU’s decision is expected in the coming weeks and may confirm or modify the principle expressed by the AG.

Newsletter n. 94 – March 2024