Evolution of Personal Data in the Court of Justice’s Case Law and Implications for Scientific Research

Abstract

This article provides an in-depth analysis of the concept of personal data under the General Data Protection Regulation (GDPR) in light of the Court of Justice’s jurisprudence and explores its implications for such a data-intensive field as scientific research. It traces the evolution of the core definitional elements set out in the definition – ‘any information’, ‘relating to’, and ‘an identified or identifiable natural person’ – highlighting how their interpretation has developed through case law, with particular attention to such newest cases as IAB Europe and SRB. Through the analytical approach it takes, this article enhances clarity in data processing activities in scientific research, and illuminates questions that necessitate further inquiries. Moreover, by linking case-law developments to ongoing discussions on the notion of personal data, it enhances awareness of pseudonymisation and its legal nature, and nuances the boundaries between data processing that triggers the GDPR and that which does not.