LawProxi

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containing can be sold in enforcement proceedings, even without the consent of the data subjects, if it is necessary and proportionate to enforce a civil law claim in a democratic society.

The case a between two companies in , where the debtor company possesses databases of user data that the creditor company wishes to sell to satisfy its claim.

The Polish court has raised doubts about whether the General Data Protection Regulation ( ) allows for the sale of these databases without data subjects’ consent and has referred the matter to the Court of Justice. Advocate General Pikamäe suggests that the operations performed by the court enforcement officer, such as retrieving, consulting, using, and making the personal data available to the purchaser, fall within the scope of the and constitute data processing. The court enforcement officer is considered the controller of the data.

The Advocate General concludes that this processing is lawful if it is necessary for performing an official task and if it serves a legitimate objective of ensuring the enforcement of civil law claims. However, the Polish court must determine whether this measure is proportionate by balancing the creditor company’s property rights against the users’ right to personal data protection.

In summary, the Advocate General argues that under certain conditions and in pursuit of a legitimate objective, the sale of personal data databases in enforcement proceedings without data subjects’ consent can be permissible, subject to proportionality considerations.

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