03.07.2015

CJEU: Request for a preliminary ruling regarding 'making use of equipment’ etc.(questions referred)

CJEU C-192/15 - request for a preliminary ruling from the Raad van State (Netherlands) lodged on 24 April 2015 — T.D. Rease, P. Wullems; other party: College bescherming persoonsgegevens:

Questions referred
Does an instruction to employ equipment for the processing of personal data within the territory of a Member State, issued outside the EU by a controller, within the meaning of Article 2(d) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31), to a detective agency established within the EU, come within the notion of ‘making use of equipment’ within the meaning of Article 4(1)(c) of that directive?

Does Directive 95/46/EC, in particular Article 28(3) and (4) thereof, given the objective of that directive, allow the national authorities the latitude, when enforcing the protection of individuals by the supervisory authorities provided for in that directive, to set priorities which result in such enforcement not taking place in the case where only an individual or a small group of persons submits a complaint alleging a breach of that directive?