Article 3
Scope
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:
\- in the course of an activity which falls outside the scope of Community law, such as those provided for by Titles V and VI of the Treaty on European Union and in any case to processing operations concerning public security, defence, State security (including the economic well-being of the State when the processing operation relates to State security matters) and the activities of the State in areas of criminal law,
\- by a natural person in the course of a purely personal or household activity.
Proceedings brought by Sergejs Buivids
Recording police officers in a police station while a statement is being made, and publishing that video on a website on which users can send, watch and share videos, falls within the scope of Directive 95/46.
Proceedings brought by Tietosuojavaltuutettu
The collection of personal data by members of a religious community in the course of door-to-door preaching, and the subsequent processing of those data, is not processing for the purposes of the activities referred to in Article 3(2), first indent, of Directive 95/46. It is also not processing carried out by a natural person in the course of a purely personal or household activity within the meaning of Article 3(2), second indent, of that directive.
Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Salvatore Manni
As EU law currently stands, it is for the Member States to decide whether the natural persons referred to in Article 2(1)(d) and (j) of Directive 68/151 may ask the authority responsible for keeping the relevant central, commercial or companies register to decide, case by case, whether it is exceptionally justified, on compelling legitimate grounds relating to their particular situation, to limit, after a sufficiently long period following the dissolution of the company concerned, access by third parties to personal data about them entered in that register to third parties that can demonstrate a specific interest in consulting that data.
František Ryneš v Úřad pro ochranu osobních údajů
Running a camera system that continuously records people onto a device such as a hard disk drive is not a purely personal or household activity under the second indent of Article 3(2) of Directive 95/46, even where an individual installed it on the family home to protect the property, health and life of the home owners, if it also monitors a public space.
Tietosuojavaltuutettu v Satakunnan Markkinapörssi Oy and Satamedia Oy.
Collecting natural persons' income and asset data from tax-authority documents in the public domain, processing those data for publication, publishing them as comprehensive printed lists arranged alphabetically by income bracket and municipality, transferring them on CD-ROM for commercial use, and using them in a text-messaging service that returns a person's income and asset data by name and municipality is "processing of personal data".
Criminal proceedings against Bodil Lindqvist.
Putting on an internet page references to various persons and identifying them by name or by other means, such as their telephone number or information about their working conditions and hobbies, is processing of personal data wholly or partly by automatic means within the meaning of Article 3(1) of Directive 95/46.
Criminal proceedings against Bodil Lindqvist.
Processing of personal data consisting of references on an internet page to various persons identified by name or otherwise is not covered by any of the exceptions in Article 3(2) of Directive 95/46.