# CJEU, Judgment of 7 May 2009, C-553/07, Rijkeboer

CJEU decision on the storage period for information about recipients of personal data and on the practical effectiveness of the right of access.

> Quelle: https://www.thomashelbing.com/en/wissen/dsgvo-hub/rechtsprechung/1.4.4-eugh-rijkeboer
> Sprache: en



## 1 Overview [#1-overview]

Mr. Rijkeboer, who lived in Rotterdam, had requested information as to the recipients to which the municipality had transmitted data from the population register in the preceding two years. National rules provided for information on such transmissions to be erased after just one year. The CJEU examined whether that limitation was compatible with Directive 95/46/EC.

Reference: [CJEU, judgment of 7 May 2009, C-553/07, Rijkeboer](https://curia.europa.eu/juris/liste.jsf?language=de\&num=C-553/07)

## 2 Significance for the principles of the GDPR [#2-significance-for-the-principles-of-the-gdpr]

The CJEU held that the Member States must determine the storage period for information on recipients in such a way that the data subject's right of access remains practically effective. The judgment encapsulates the interplay between storage limitation (Article 5(1)(e) GDPR) and data subject rights (Article 15 GDPR): a storage period that is too short may make the exercise of rights of access impossible in practice. Conversely, the right of access does not justify unlimited retention.


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