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A CJEU ruling in a Lithuanian case involving the use of sensitive personal data could have implications for online services that use background tracking for ads

JUDGMENT OF THE COURT (Grand Chamber) 1 August 2022 (*) (Reference for a preliminary ruling … Tweets: Dr. Gabriela Zanfir-Fortuna / @gabrielazanfir : Very significant judgment today from the #CJEU Grand Chamber on the interpretation of special categories of personal data under the #GDPR: processing personal data liable to disclose indirectly sexual orientation constitutes processing of special categories of personal data 1/ Lukasz Olejnik / @lukolejnik : Very important disambiguition. I was warning that the status of data may be subject to change even prior to #GDPR entering into force. All industries that process large amounts of data must pay attention. https://twitter.com/... Simon Taylor / @sytaylor : Big data is dirty Oil is the new data How the times have changed https://techcrunch.com/... Dr. Gabriela Zanfir-Fortuna / @gabrielazanfir : This judgment is groundbreaking and may have substantial impact. Disagreement between DPAs has emerged on this question - the Norwegian DPA took the same extended interpretation in its #Grindr case, but the Spanish DPA took the opposite interpretation in the same case 5/ Daragh O Brien / @cbridge_chief : @gabrielazanfir @bendrath Somewhat a relief to see the CJEU coming to the same conclusion I have been training clients on as a perspective on risk for Article 9 data. (Goes to update course materials to make it more explicit) Prof Paul Bernal / @paulbernaluk : @lukOlejnik Interesting, given that in certain circumstances almost any data can indirectly indicate sensitive data - and we've known that for ages, (e.g. the old curly fries Facebook likes study) Natasha / @riptari : And recommender systems, dating apps, location tracking... lots of possible impacts here! W/ expert analysis from @gabrielazanfir @lukOlejnik & @mikarv https://twitter.com/... Daragh O Brien / @cbridge_chief : @gabrielazanfir @bendrath The relief is tempered somewhat by the reality that the Court has set a new formal bar that could be difficult to manage in practice. For example: donation to particular charities or NGOs could now be subject to a reasonable deduction of religious or philosophical beliefs. @coolharsh55 : @lukOlejnik Yes, indeed! See clause 104 of the decision that specifically refers to risk of this data being used for targeted advertising. https://twitter.com/...

TechCrunch Natasha Lomas

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  • @gabrielazanfir Dr. Gabriela Zanfir-Fortuna on x
    Very significant judgment today from the #CJEU Grand Chamber on the interpretation of special categories of personal data under the #GDPR: processing personal data liable to disclose indirectly sexual orientation constitutes processing of special categories of personal data 1/
  • @lukolejnik Lukasz Olejnik on x
    Very important disambiguition. I was warning that the status of data may be subject to change even prior to #GDPR entering into force. All industries that process large amounts of data must pay attention. https://twitter.com/...
  • @gabrielazanfir Dr. Gabriela Zanfir-Fortuna on x
    This judgment is groundbreaking and may have substantial impact. Disagreement between DPAs has emerged on this question - the Norwegian DPA took the same extended interpretation in its #Grindr case, but the Spanish DPA took the opposite interpretation in the same case 5/
  • @cbridge_chief Daragh O Brien on x
    @gabrielazanfir @bendrath Somewhat a relief to see the CJEU coming to the same conclusion I have been training clients on as a perspective on risk for Article 9 data. (Goes to update course materials to make it more explicit)
  • @paulbernaluk Prof Paul Bernal on x
    @lukOlejnik Interesting, given that in certain circumstances almost any data can indirectly indicate sensitive data - and we've known that for ages, (e.g. the old curly fries Facebook likes study)
  • @riptari Natasha on x
    And recommender systems, dating apps, location tracking... lots of possible impacts here! W/ expert analysis from @gabrielazanfir @lukOlejnik & @mikarv https://twitter.com/...
  • @cbridge_chief Daragh O Brien on x
    @gabrielazanfir @bendrath The relief is tempered somewhat by the reality that the Court has set a new formal bar that could be difficult to manage in practice. For example: donation to particular charities or NGOs could now be subject to a reasonable deduction of religious or phi…
  • @coolharsh55 @coolharsh55 on x
    @lukOlejnik Yes, indeed! See clause 104 of the decision that specifically refers to risk of this data being used for targeted advertising. https://twitter.com/...