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Risk & Compliance update: GDPR sensitive data ruling, ICO legal services certification, Russia sanctions reporting, AML reforms, SARs guidance, fraud campaign, and beneficial ownership under MLR—15 February 2024

Published on: 15 February 2024

Published by a LexisNexis Risk & Compliance expert
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  • Data protection
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  • AML, CTF & counter-proliferation financing
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Data protection

Clarity on processing sensitive data and right to compensation under EU GDPR (Krankenversicherung Nordrhein)

In its judgment, the Court of Justice delineated the reach of Article 9(2)(h) EU GDPR on the handling of special-category data. Specifically, an employer may process an employee’s health information where it acts as the medical service provider of a health insurance fund. The court further held that Article 9(3) should not be construed so as to block the employee’s colleagues from having access to that information. On remedies, it confirmed that damages under Article 82 of the EU GDPR serve a compensatory, not punitive, purpose. It also set out a liability framework in which the controller’s fault is presumed unless the controller demonstrates that the event causing the harm is not attributable to it, a view grounded in a contextual reading of the EU GDPR.

Written by Gabbie Savage, solicitor at Fieldfisher LLP...

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