Bodil Lindqvist v.Göta hovrätt

审理法院:欧盟法院大法庭(Grand Chamber)

案号:C-101/01, EU:C:2003:596







以下内容由中国人民大学法学院马鹤翻译,原文来自欧盟法院于2021年公布的“个人数据保护情况说明书”(fact sheet),第14-15页,全文详见文末“阅读原文”或回复“c001”。



Lindqvist女士针对该罚款决定向瑞典上诉法院(Göta hovrätt)提出上诉,瑞典国家法院提请欧盟法院初步裁决,以确定Lindqvist女士的行为是否属于第95/46号指令规定的 “全部或部分以自动化方式处理个人数据”。



Mrs Lindqvist, a voluntary worker in a parish of the Protestant Church in Sweden, had set up, on her personal computer, internet pages on which she published personal data relating to a number of people working with her on a voluntary basis in the parish. Mrs Lindqvist was fined, on the ground that she had used the personal data by automatic means without giving prior written notice to the Swedish Datainspektion (supervisory authority for the protection of electronically transmitted data), that she had transferred the data to a third country without authorisation and that she had processed sensitive personal data.

In the appeal brought before the Göta hovrätt (Court of Appeal, Sweden) by Mrs Lindqvist against that decision, the national court referred questions to the Court for a preliminary ruling in order, in particular, to ascertain whether Mrs Lindqvist had carried out ‘the processing of personal data wholly or partly by automatic means’ within the meaning of Directive 95/46.

The Court held that the act of referring, on an internet page, to various persons and identifying them by name or by other means, for instance by stating their telephone number or information regarding their working conditions and hobbies, constitutes ‘the processing of personal data wholly or partly by automatic means’ within the meaning of that directive (paragraph 27 and operative part 1). Such processing of personal data in the course of charitable or religious activities is not covered by any of the exceptions to the scope of the directive, in so far as it does not fall within the category of activities concerning public security, or the category of a purely personal or household activity, which are outside the scope of the directive (paragraphs 38, 43 to 48 and operative part 2).