General Data Protection Regulation

Article 10

Processing of personal data relating to criminal convictions and offences

Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.

Holdings

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C-740/227 Mar 2024

Endemol Shine Finland Oy

The GDPR, in particular Article 6(1)(e) and Article 10, precludes orally disclosing data on a natural person's criminal convictions contained in a court's filing system to any person for the purpose of public access to official documents, where the requester need not show a specific interest in obtaining those data. It is irrelevant whether the requester is a commercial company or a private individual.

C-439/1922 Jun 2021

Proceedings brought by B

Article 10 of Regulation (EU) 2016/679 applies to the processing of personal data relating to penalty points imposed on drivers of vehicles for road traffic offences.

C-439/1922 Jun 2021

Proceedings brought by B

Regulation (EU) 2016/679, in particular Article 5(1), Article 6(1)(e) and Article 10, precludes national legislation that requires the public body responsible for the register of penalty points imposed on drivers of vehicles for road traffic offences to make those data accessible to the public, where the person requesting access does not have to establish a specific interest in obtaining them.

C-439/1922 Jun 2021

Proceedings brought by B

Regulation (EU) 2016/679, in particular Article 5(1), Article 6(1)(e) and Article 10, precludes national legislation that authorises the public body responsible for the register of penalty points imposed on drivers of vehicles for road traffic offences to disclose those data to economic operators for re-use.