Court of Justice (Full Court) 6 November 2003, C-101/01 (Criminal proceedings against Bodil Lindqvist.)

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In Case C-101/01, the Court of Justice held that publishing personal data about identifiable individuals on an internet page constitutes 'processing of personal data wholly or partly by automatic means' within the scope of Directive 95/46/EC, and that neither the State-activity exception nor the purely personal/household activity exception under Article 3(2) applies to such publication carried out in the context of charitable or religious activities. The Court further ruled that a reference to a colleague's foot injury and part-time sick leave constitutes 'data concerning health' under Article 8(1), while the mere loading of personal data onto an internet page accessible to persons in third countries does not constitute a 'transfer of data to a third country' within the meaning of Article 25. National authorities and courts must ensure a fair balance between data protection and freedom of expression, and Member States may extend their implementing legislation to areas outside the Directive's scope provided no other provision of Community law precludes it.AI