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CJEU AG in EDPS v SRB: pseudonymised data not personal for recipients if re-identification risk is non-existent or insignificant

Published on: 06 March 2025

Published by a LexisNexis Ireland - Banking & Financial Services expert
Legal News
Article summary

On 6 February 2025, Advocate General Spielmann delivered his formal opinion in the case of European Data Protection Supervisor v Single Resolution Board. He examined the legal question of whether pseudonymised data constitutes personal data when held by a third-party recipient who lacks the additional details needed to re-identify individuals, and also lacks any legal means to access those details. Helpfully, the opinion adopts the view that such pseudonymised information should not automatically be regarded as personal data by that recipient where the prospect of re-identification is 'non-existent or insignificant'.

Background

In 2017, the EU's Single Resolution Board ('SRB') placed the Spanish lender, Banco Popular Español SA ('BP'), into resolution and transferred BP's shares and capital instruments to Santander as part of a rescue package. Deloitte was subsequently appointed to assess whether BP's shareholders and creditors would have received better treatment if BP had entered ordinary insolvency proceedings, rather than being placed under a resolution scheme. The SRB then invited shareholders and creditors to express their interest in exercising the right to be heard, using an online registration form...

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