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Case C-446/21

Case Information Subject Matter Stage of Proceedings
C-446/21
Party

Maximilian Schrems

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberster Gerichtshof (Austria)

The request for a preliminary ruling issued by the Oberster Gerichtshof (Supreme Court, Austria) pertains to the question as to whether or not an online social network such as Facebook can use all of the personal data obtained for the purposes of targeted advertising, without restriction as to time and without distinction as to type of data. The refering Court asked if:

  1. The principle of data minimisation under Art. 5(1)(c) GDPR should mean that all personal data held by a platform may be aggregated analysed and processed for the purposes of targeted advertising without any restriction;
  2. Art. 5(1)(b) GDPR read in conjunction with Art. 9(2)(e) GDPR should mean that a statement made by a person about their sexual orientation for the purposes of a panel discussion permits a controller to process other data concerning their sexual orientation to offer them personalised advertising.
Categories
Digital Space Regulation Data Protection
Request Opinion (AG) Judgment