Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/08/2022

Subject: According to the Court, the processing of personal data serves a purpose other than that for which those data were collected, where such data were collected for the purposes of the detection and investigation of a criminal offence, but that processing is carried out for the purpose of prosecuting a person following the conclusion of the criminal investigation at issue, irrespective of the fact that that person was considered to be a victim at the time of that collection, and that such processing is permitted pursuant to Directive (EU) 2016/680 provided that it meets the conditions laid down in that act. Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data is applicable to the processing of personal data by the public prosecutor’s office of a Member State for the purpose of exercising its rights of defence in an action for damages against the State, where, first, it informs the court having jurisdiction of the opening of files relating to a natural person who is a party to that action and, second, it transmits those files to that court. The Court affirmed that where an action for damages against the State is based on alleged misconduct on the part of the public prosecutor’s office in the performance of its tasks in criminal matters, such processing of personal data may be regarded as lawful if it is necessary for the performance of a task carried out in the public interest, for the purpose of defending the legal and financial interests of the State which falls to the public prosecutor’s office in those proceedings, provided that that processing of personal data complies with all the applicable requirements provided for by that regulation

Parties: Inspektor v Inspektorata kam Visshia sadeben savet (Finalités du traitement de données – Enquête pénale)

Classification: Freedoms - Art. 8 Personal data: access

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