General Data Protection Regulation

Article 86

Processing and public access to official documents

Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation.

Holdings

/
C-710/233 Apr 2025

L. H. v Ministerstvo zdravotnictví

Article 6(1)(c) and (e) of Regulation 2016/679, read in conjunction with Article 86 of that regulation, does not preclude national case-law requiring a controller that is a public authority, and that is responsible for reconciling public access to official documents with the right to personal-data protection, to inform and consult the natural person concerned before disclosing official documents containing such data. Such a requirement is permissible only if it is not impossible to implement, does not require disproportionate effort, and therefore does not result in a disproportionate restriction on public access to those documents.