05.05.2015

Scope of ‘makes use of equipment’ for the purposes of Article 4 of Directive 95/46

For my legal memory, another case inter alia touching upon Article 4 (1) of Directive 95/46/EC:
CJEU Case C-192/15 - Rease und Wullems
Questions Referred (unofficial translation by EU Law Radar of the questions asked by the Dutch Council of State):
1. Where a detective agency based in the EU receives a commission from a data controller, as defined in Article 2 and Article 2(d) of the Directive … from outside the EU to deploy equipment for the processing of personal data on the territory of a Member State, does this fall within the scope of ‘makes use of equipment’ for the purposes of Article 4(1) and Article 4(1)(c) of the Directive?
2. When it comes to enforcing an individual’s rights and protections enshrined in the Directive, and in light of the aim of the Directive, does the Directive and Articles 28(3) and (4) in particular, permit national authorities to allow the national supervisory authority to set priorities which lead to a situation in which it will not follow up a complaint about the Directive being infringed if that complaint originates from only one individual, or only a small group of individuals?

Source and more, including comments in the light of CJEU's case law, on this case: EU Law Radar