Court of Justice 19 September 2002, C-101/01 (Criminal proceedings against Bodil Lindqvist.)

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Advocate General Tizzano opines that the processing of personal data via a private Internet home page, conducted without economic gain as an ancillary voluntary activity for a parish community, falls outside the scope of Directive 95/46/EC pursuant to the first indent of Article 3(2). The Opinion argues that such non-economic activities lack a sufficient nexus to the establishment and functioning of the internal market to warrant Community-level regulation under the Directive's legal basis. Consequently, the Advocate General suggests that the Court need not address questions regarding sensitive data, third-country transfers, or freedom of expression if the activity is deemed to fall outside the scope of Community law.AI