Tietosuojavaltuutettu v Jehovan tod istajat (C‑25/17) (‘Jehovah’s Witnesses Case’)
Year | 2018 |
Date | 10 July 2018 |
Issuer | Court of Justice of the European Union |
JUDGMENT OF THE COURT (Grand Chamber)
10 July 2018 ( *1 )
(Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Scope of the directive — Article 3 — Data collected and processed by the members of a religious community in the course of their door-to-door preaching — Article 2(c) — Definition of a ‘personal data filing system’ — Article 2(d) — Definition of a ‘controller’ of the processing of personal data — Article 10(1) of the Charter of Fundamental Rights of the European Union)
In Case C‑25/17,
REQUEST for a preliminary ruling under Article 267 TFEU from the Korkein hallinto-oikeus (Supreme Administrative Court, Finland), made by decision of 22 December 2016, received at the Court on 19 January 2017, in the proceedings
Tietosuojavaltuutettu
intervening parties:
Jehovan todistajat — uskonnollinen yhdyskunta,
THE COURT (Grand Chamber),
composed of K. Lenaerts, President, A. Tizzano, Vice-President, R. Silva de Lapuerta, T. von Danwitz (Rapporteur), J.L. da Cruz Vilaça, J. Malenovský, E. Levits and C. Vajda, Presidents of Chambers, A. Borg Barthet, J.-C. Bonichot, A. Arabadjiev, S. Rodin, F. Biltgen, K. Jürimäe and C. Lycourgos, Judges,
Advocate General: P. Mengozzi,
Registrar: C. Strömholm, Administrator,
having regard to the written procedure and further to the hearing on 28 November 2017,
after considering the observations submitted on behalf of:
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the tietosuojavaltuutettu, by R. Aarnio, acting as Agent, |
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Jehovan todistajat — uskonnollinen yhdyskunta, by S.H. Brady, asianajaja, and by P. Muzny, |
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the Finnish Government, by H. Leppo, acting as Agent, |
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the Czech Government, by M. Smolek and J. Vláčil, acting as Agents, |
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the Italian Government, by G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato, |
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the European Commission, by P. Aalto, H. Kranenborg and D. Nardi, acting as Agents, |
after hearing the Opinion of the Advocate General at the sitting on 1 February 2018,
gives the following
Judgment
1 |
This request for a preliminary ruling concerns the interpretation of Article 2(c) and (d) and Article 3 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31) read in the light of Article 10 of the Charter of Fundamental Rights of the European Union (‘the Charter’). |
2 |
The request has been made in proceedings brought by the tietosuojavaltuutettu (Data Protection Supervisor, Finland) concerning the legality of a decision of the tietosuojalautakunta (Data Protection Board, Finland) prohibiting the Jehovan todistajat — uskonnollinen yhdyskunta (Jehovah’s Witnesses religious community, ‘the Jehovah’s Witnesses Community’) from collecting or processing personal data in the course of their door-to-door preaching unless the requirements of Finnish legislation relating to the processing of personal data are observed. |
Legal context
European Union law
3 |
Recitals 10, 12, 15, 26 and 27 of Directive 95/46 state:
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4 |
Article 1(1) of Directive 95/46 provides: ‘In accordance with this Directive, Member States shall protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to the processing of personal data.’ |
5 |
Article 2 of that directive provides: ‘For the purpose of this Directive:
…’ |
6 |
Article 3 of the directive states: ‘1. This Directive shall apply to the processing of personal data wholly or partly by automatic means, and to the processing otherwise than by automatic means of personal data which form part of a filing system or are intended to form part of a filing system. 2. This Directive shall not apply to the processing of personal data:
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Finnish law
7 |
Directive 95/46 was transposed into Finnish law by the henkilötietolaki 523/1999 (Law on personal data No 523/1999, ‘Law No 523/1999’). |
8 |
Paragraph 2, first and second paragraphs, of that law, entitled ‘Soveltamisala’ (Scope), provides; ‘This Law applies to the automated processing of personal data. It also applies to other means of personal data processing where the personal data form part of a personal data filing system or a part of such a system or are intended to form part of a personal data filing system or a part of such a system. This Law does not apply to the processing of personal data by a natural person for purely personal purposes or for comparable ordinary and private purposes.’ |
9 |
Paragraph 3(3) of Law No 523/1999 defines a ‘personal data filing system’ as a ‘set of personal data, connected by a common use and processed fully or partially by automated means or organised using data sheets or lists or any other comparable means permitting the retrieval of data relating to persons easily... |
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