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… JUDGMENT OF THE COURT (First Chamber) 30 March 2023 (*) (Reference for a preliminary ruling - Protection of personal data - (EU) / - Article 88(1) and (2) - Processing of data in the employment context - Regional school system - Teaching by videoconference as a result of the COVID-19 pandemic - Implementation without the express consent of the teachers) In Case C-34/21, REQUEST for a preliminary ruling under Article 267 TFEU from the Verwaltungsgericht Wiesbaden (Administrative …

… Nardi, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 22 September 2022, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 88(1) and (2) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection …

… Article 88(1) and (2) of / must be interpreted as meaning that the application of national provisions adopted to ensure the protection of employees’ rights and freedoms in respect of the processing of their personal data in the employment context must be disregarded where those provisions do not comply with the conditions and limits laid down in Article 88(1) and (2), unless those provisions constitute a legal basis referred to in Article 6(3) of that regulation, which complies …

… It is for the referring court to determine whether the storage of data for the period authorised for the public register satisfies the conditions laid down in point (f) of the first subparagraph of Article 6(1) of /. (3) Article 17(1)(d) of / must be interpreted as meaning that the data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where those data have been unlawfully processed in accordance …

… Article 17(1)(c) of (EU) / must be interpreted as meaning that the data subject has, in principle, the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where he or she objects to the processing pursuant to Article 21(1) of that regulation. …

… OPINION OF ADVOCATE GENERAL PIKAMÄE delivered on 16 March 2023 (1) Joined Cases C-26/22 and C-64/22 UF (C-26/22) AB (C-64/22) v Land Hesse, Joined party: SCHUFA Holding AG (Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Administrative Court, Wiesbaden, Germany)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Point (f) of the first subparagraph of Article 6(1) - Lawfulness of processing …

… Those include, in point 4, the following condition: ‘Enabling of legal interception by competent national authorities in accordance with (EU) / [of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1)] and Directive 2002/58/EC [of the European Parliament and of …

… / must be interpreted as not precluding national legislation on profiling where such profiling is not covered by Article 22(1) of that regulation. …

… /’, adopted on 3 October 2017 by the Article 29 Data Protection Working Party, profiling and automated decision-making can pose significant risks for individuals’ rights and freedoms. …

… OPINION OF ADVOCATE GENERAL PIKAMÄE delivered on 16 March 2023 (1) Case C-634/21 OQ v Land Hesse, Joined party: SCHUFA Holding AG (Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Administrative Court, Wiesbaden, Germany)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 6(1) - Lawfulness of processing- Article 22 - Automated individual decision-making - Profiling - Private …

… This directive was repealed by (EU) / with effect from 25 May 2018 (see further below). / 46. …

… / D. CJEU case-law on data protection IV. Comparative-law material THE LAW I. SCOPE OF THE CASE BEFORE THE GRAND CHAMBER A. The Government’s preliminary objection ratione materiae concerning the alleged loss of reputation 1. The parties’ submissions 2. The Court’s assessment B. The Government’s preliminary objection concerning the search interface 1. The parties’ submissions 2. The Court’s assessment C. …

… (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”) (OJ 2016 L 119/1), entered into force on 24 May 2016 and is applicable from 25 May 2018. It provides as follows: Article 5 Principles relating to processing of personal data “1. …

… JUDGMENT OF THE COURT (Third Chamber) 2 March 2023 (*) (Reference for a preliminary ruling - Protection of personal data - (EU) / - Article 6(3) and (4) - Lawfulness of processing - Production of a document containing personal data in civil court proceedings - Article 23(1)(f) and (j) - Protection of judicial independence and judicial proceedings - Enforcement of civil law claims - Requirements to be complied with - Having regard to the interests of the data subjects - Balancing …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 6 October 2022, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 6(3) and (4) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection …

… Article 6(3) and (4) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), must be interpreted as meaning that that provision applies, in the context of civil court proceedings, to the production as evidence of a staff register containing personal data of third parties …

… (EU) / 7 Under Article 4(2) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1): ‘For the purposes of this Regulation: … (2) “processing” means any operation or set of operations which is performed on personal data or on sets of …

… /, made applicable by Article 2 of Directive 2002/58, read in conjunction with Article 94(2) of that regulation (see, to that effect, judgment of 6 October 2020, La Quadrature du Net and Others, C-511/18, C-512/18 and C-520/18, EU:C:2020:791, paragraphs 96 and 104 and the case-law cited). 37 Under the latter provisions, the concept of processing includes, inter alia, for such providers, granting access to communications and data or transmitting them to the competent authorities (see, to that …

… preliminary point, it should be recalled that, when Member States implement, on the basis of Article 15(1) of Directive 2002/58, legislative measures derogating from the principle of confidentiality of electronic communications enshrined in Article 5(1) of that directive, the protection of data subjects falls within the scope of that directive only in so far as the measures at issue impose processing obligations on providers of such communications services, within the meaning of Article 4(2) of …

… JUDGMENT OF THE COURT (Sixth Chamber) 9 February 2023 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 38(3) - Data protection officer - Prohibition on dismissing data protection officer for performing his or her tasks - Requirement for functional independence - National legislation prohibiting the dismissal of a data protection officer without just cause - Article 38(6) - Conflict of interests …

… Kranenborg, acting as Agents, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation and validity of the second sentence of Article 38(3) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing …

… Article 38(6) of / must be interpreted as meaning that a ‘conflict of interests’, as provided for in that provision, may exist where a data protection officer is entrusted with other tasks or duties, which would result in him or her determining the objectives and methods of processing personal data on the part of the controller or its processor, which is a matter for the national court to determine, case by case, on the basis of an assessment of all the relevant circumstances, in …

… Legal context European Union law The GDPR 3 Recital 19 of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1; ‘the GDPR’), states: ‘The protection of natural persons with regard to the processing of personal data by competent authorities for the purposes …

… The fact that the national legislative act containing such a legal basis refers, furthermore, to (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and not to Directive 2016/680, is not capable, in itself, of calling the existence of such authorisation into question, provided …

… /. …

… / and (ii) to order that company to send him the recording in question. …

… As the Advocate General observed in point 55 of his Opinion, the EU legislature’s decision to leave to data subjects the option to exercise the remedies provided for in Article 77(1) and Article 78(1) of /, on the one hand, and Article 79(1) thereof, on the other, concurrently with and independently of each other is consistent with the objective of that . 43 / requires, inter alia, the competent authorities of the Member States to ensure a high level …