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According to the EU law, disclosing data to a third party for the realization of a legitimate interest is not compulsory
- 29/05/2017
Article 7 of Directive 95/46/EC (transposed, in Italy, by Legislative Decree no. 196/2003), on the protection of personal data, allows Member States to provide for an obligation to disclose personal data to a third party.
With Judgment of 4th May in the case C-13/16, the European Court of Justice has explained that article 7 does not require Member States to impose an obligation to disclose personal data to third parties. It only provides that, where a Member State introduces such an obligation, it must comply with some specific requirements. For example, disclosing personal data has to be necessary for the purposes of a legitimate interest pursued by the third party.
The Court has then stated that the EU law must be interpreted as not imposing the obligation to disclose personal data to a third party, in the case at issue in order to enable him to bring an action for damages for harm caused by the person concerned by the protection of that data. However, such an obligation may be provided by the national law of Member States.
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