Ministerstvo na vatreshnite raboti () and genetiques II) (Protection of natural persons with regard to the processing of personal data - Accused person - Police record containing biometric and genetic data - Opinion) [2024] EUECJ C-80/23_O (13 June 2024)

Ministerstvo na vatreshnite raboti () and genetiques II) (Protection of natural persons with regard to the processing of personal data - Accused person - Police record containing biometric and genetic data - Opinion) [2024] EUECJ C-80/23_O (13 June 2024)

Article 10 of Directive (EU) 2016/680 requires that the assessment of whether the creation of a police record is 'strictly necessary' must be carried out effectively by the competent authorities before seeking judicial authorisation; judicial review alone, especially only after an accused's refusal, is insufficient to meet EU law requirements. National law that does not provide for such prior assessment and safeguards is incompatible with the Directive, and courts must dismiss applications for data collection in such cases.

Citation
[2024] EUECJ C-80/23_O
Parties
Accused: V. S.; Interested Party: Ministerstvo na vatreshnite raboti, Glavna direktsia za borba s organiziranata prestapnost
Jurisdiction
European Union
Judgment Date
13 June 2024
Procedural Posture
Preliminary Ruling / Opinion of Advocate General
Outcome
Opinion proposes dismissal of the police authorities' application for authorisation to collect biometric and genetic data, as Bulgarian law does not comply with Directive (EU) 2016/680.
Legal Topics
Processing of Personal Data, Biometric and Genetic Data, Police Records, Judicial Review, Directive (eu) 2016/680, Strict Necessity Requirement
Data Protection Law Criminal Procedure EU Law Processing of Personal Data Biometric and Genetic Data Police Records Judicial Review Directive (eu) 2016/680 +1 more

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Parties

V. S.

Accused

Ministerstvo na vatreshnite raboti, Glavna direktsia za borba s organiziranata prestapnost

Interested Party

Procedural Posture

Preliminary Ruling / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 10 of Directive (EU) 2016/680 requires competent authorities to assess 'strict necessity' before collecting biometric and genetic data for police records
  2. 2 Whether judicial review of 'strict necessity' can be based solely on the decision accusing the person or requires access to the full case file
  3. 3 Whether the court must review the merits of the accusation when authorising data collection

Ratio Decidendi

Article 10 of Directive (EU) 2016/680 requires that the assessment of whether the creation of a police record is 'strictly necessary' must be carried out effectively by the competent authorities before seeking judicial authorisation; judicial review alone, especially only after an accused's refusal, is insufficient to meet EU law requirements. National law that does not provide for such prior assessment and safeguards is incompatible with the Directive, and courts must dismiss applications for data collection in such cases.

Court Disposition

Opinion proposes dismissal of the police authorities' application for authorisation to collect biometric and genetic data, as Bulgarian law does not comply with Directive (EU) 2016/680.

Orders

  • Court should dismiss the police authorities’ application requesting authorisation for enforcement of data collection.