NTH Haustechnik GmbH v EM
1. Point (c) of the first subparagraph of Article 6(1) and Article 6(3) of Regulation (EU) 2016/679 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), read in the light of Article 8(2) and Article 52 of the Charter of Fundamental Rights of the European Union,
must be interpreted as not precluding national legislation which, as regards the processing of personal data, undertaken in the context of a court examining the facts and taking evidence, merely prescribes that it is for the parties to submit detailed factual evidence which is truthful and requires that court to take such evidence fully into consideration, before, as the case may be, assessing that evidence, without providing any indication as to the circumstances and conditions under which the facts stated and the evidence adduced by the parties containing personal data may be used by that court, provided that (i) there is clear and precise national case-law, the application of which is foreseeable, and which itself establishes the circumstances and conditions under which the facts stated and the evidence adduced by the parties containing personal data may be used by a court, (ii) that case-law meets an objective of public interest and (iii) that case-law is proportionate to that objective.