Lindquist and the Scope of EU data protection law
C-101/01, LINDQUIST, 6.11.2003 (“LINDQUIST”)
Key points
Processing for purely personal or household activity: Creating a website for a Church which includes personal information of co-workers, constitutes activities that may be mainly charitable and religious, but are not exempted from data protection law under the ‘exclusively personal or domestic’ exemption.
Definition of processing: The operation of loading personal data on an internet page must be considered to be processing. (¶ 25)
Persona Data: Holding that the name of a person in conjunction with his/her telephone number, and information about his/her working conditions or hobbies constitute personal data. (¶ 24)
Health personal data: Reference to the fact that an individual has injured her foot and is on medical leave constitutes personal data concerning health , as the concept must be given a wide interpretation so as to include all aspects, both physical and mental, of the health of an individual. (¶¶50–51)
Transfers to third countries: The publication on the internet does not constitute a transfer, as an internet user would have to connect to the internet and personally carry out the necessary actions to consult those pages where: (i) the internet pages did not contain the…
