Koalitsia „Demokratichna Bulgaria - Obedinenie“ (Judgment) French Text [2022] EUECJ C-306/21 (20 October 2022)

Koalitsia „Demokratichna Bulgaria - Obedinenie“ (Judgment) French Text [2022] EUECJ C-306/21 (20 October 2022)

The GDPR is applicable to the processing of personal data, including video recording, in the context of the organization of elections in a Member State, as such activities do not fall under the exceptions for activities outside the scope of EU law. National authorities may, under Articles 6(1)(e) and 58 GDPR,...

Source-derived case information.

Citation
[2022] EUECJ C-306/21
Parties
Applicant: Komisia za zashtita na lichnite danni; Applicant: Tsentralna izbiratelna komisia; Respondent: Koalitsia 'Demokratichna Bulgaria – Obedinenie'
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Reference From Varhoven Administrativen Sad (supreme Administrative Court, Bulgaria)
Outcome
Reference answered; national authorities may limit or prohibit video recording of vote counting under GDPR, subject to proportionality.
Legal Topics
GDPR Applicability, Processing of Personal Data, Video Recording in Elections, Public Interest Exception, Proportionality, Freedom of Expression, Elections Regulation
European Union Law Data Protection Law Administrative Law GDPR Applicability Processing of Personal Data Video Recording in Elections Public Interest Exception Proportionality +2 more

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Parties

Komisia za zashtita na lichnite danni

Applicant

Tsentralna izbiratelna komisia

Applicant

Koalitsia 'Demokratichna Bulgaria – Obedinenie'

Respondent

Procedural Posture

Preliminary Reference / Judgment on Reference From Varhoven Administrativen Sad (supreme Administrative Court, Bulgaria)

  1. 1 Whether the GDPR applies to processing of personal data (video recording) during national and European elections in a Member State
  2. 2 Whether national authorities may limit or prohibit video recording of vote counting under GDPR
  3. 3 Whether such limitations are proportionate and lawful under GDPR

Ratio Decidendi

The GDPR is applicable to the processing of personal data, including video recording, in the context of the organization of elections in a Member State, as such activities do not fall under the exceptions for activities outside the scope of EU law. National authorities may, under Articles 6(1)(e) and 58 GDPR, lawfully limit or prohibit video recording of vote counting in polling stations, provided such measures are proportionate and serve the purpose of protecting personal data.

Court Disposition

Reference answered; national authorities may limit or prohibit video recording of vote counting under GDPR, subject to proportionality.

Orders

  • Article 2(2)(a) GDPR does not exclude processing of personal data in the context of elections from the scope of the Regulation.
  • Articles 6(1)(e) and 58 GDPR do not preclude national authorities from adopting general administrative acts limiting or prohibiting video recording of vote counting in polling stations.