ABSTRACT
Because courts are supposed to settle legal disputes, court decisions contain numerous direct and indirect personal data of all people that are (intentionally, unintentionally or professionally) party to the case at hand. As long as these data are processed for the goal they were collected for the adjudication of conflicts such processing can considered to be lawful under the EU General Data Protection Regulation. However, questions arise if such decisions, even if they are pseudonymised, are processed further for other goals: for populating a database within the judiciary, publishing them on a public website, making them available for reuse as open data, or having them indexed by commercial search engines. In this contribution I will discuss these forms of processing from the perspective of the GDPR and related EU legislation, and illustrate them with interesting examples from (mainly) The Netherlands.
van Opijnen, Marc, The GDPR and the Reuse of Published Court Decisions; Some Pressing Questions, Illustrated by Developments in The Netherlands (December 15, 2023).
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