Covered topics
- Does the obligation to remove data no longer necessary for the purpose stated under Article 6(1)(e) take precedence over the Italian law obligation to include details on the register?
- Is there a derogation to the principle under Article 3 Directive 68/151 that there should be no time limit to data published in the companies registered?
Abstract
Members States have to determine on a case-by-case basis whether the right to obtain the erasure of personal data from their national register of companies would outweighs the right to make these details publicly available for legal certainty and fair trading reasons. The data subject making the erasure request must demonstrate overriding and legitimate reasons.
- Salvatore Manni alleged that due to still being on the register in connection to a bankrupt company, he had financial disadvantages; requested the Lecce Chamber of Commerce in charge of the register to erase, anonymise or block the data linking him to Immobiliare Salentina + asked for damages as compensation for the reputational harm he had suffered
- Court highlighted the principle of “data quality” under Article 6 of the Data Protection Directive, as well as having a legitimate “criteria” for processing data under Article 7 of that same Directive; Articles 2 and 3 of Directive 68/151 provided several lawful bases for processing by the authority responsible for the register: legal obligation, public interest task and legitimate interest, but only so long as it is necessary for the purposes outlined in Art. 6(1)(e); if that is not the case the data subject has a right to obain erasure or blocking of data → As each Member States have different limitation periods, there is no specific time frame for which this data may be required. so MS cannot guarantee that individuals whose personal data is on their register will have the right to obtain erasure or blocking of their data
- Court considered that only limited data is put on registers, and individuals who choose to participate in trade through a company would be required to disclose data, and the interests of third parties to ensure legal certainty and fair trading should be considered and may take precedence
- This decision was relevant to decide the balancing of fundamental rights in the EU, and balancing against economic interests plus where private, natural person begin and where company/legal entity starts, see: Article 1