CJEU rules national court must review data complaint

17/11/2023 | CJEU

A Belgian court has been instructed by the Court of Justice of the European Union (CJEU) in Case C-333/22 to review a man's request to see what information the country's National Security Authority has collected about him. The plaintiff was refused security clearance because of his prior political activity. On submitting a subject access request, he was only granted "indirect access" to the data.

In its judgement, the CJEU stated, "in informing the data subject of the result of the verifications made, the competent supervisory authority adopts a legally binding decision." Such decisions are "amenable to judicial review" so that the data subject may challenge the assessment made by the supervisory authority. The CJEU also ruled that national courts with jurisdiction must "check whether the reasons which warranted such a limitation on that information are well founded."

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