The Legal Uncertainty behind Indirectly Sensitive Personal Data

Arad — Sun, 31 Mar 2024 10:00:00 +0000

In August 2022, the Court of Justice of the European Union (CJEU) rendered a landmark decision affirming the concept of indirectly sensitive personal data. This ruling expanded the scope of Article 9 of the GDPR beyond what had been previously established through case law. Labeling someone as homosexual clearly discloses their sexual orientation under Article 9. Similarly, the court notes that pairing someone’s name with their spouse or partner’s gender-revealing name is liable to reveal their sexual orientation. Nevertheless, as is often the case with judicial decisions, the CJEU’s ruling left numerous critical and interrelated questions unanswered. It is these unresolved matters that formed the crux of my master’s thesis in law. Here, I provide a brief overview.

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English – Arad Aslrousta

The Legal Uncertainty behind Indirectly Sensitive Personal Data