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Case C-306/21: Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Komisia za zashtita na lichnite danni, Tsentralna izbiratelna komisia v Koalitsia ‘Demokratichna Bulgaria — Obedinenie’ (Reference for a preliminary ruling — Protection of personal data — Regulation (EU) 2016/679 — Scope — Article 2(2)(a) — Meaning of ‘activity which falls outside the scope of Union law’ — National and European Elections — Article 6(1)(e) — Lawfulness of processing — Article 58 — Act adopted by the supervisory authorities limiting, or where appropriate, prohibiting the video recording of the determination of the election results at electoral premises)
ECLI:EU:UNKNOWN:62021CA0306
62021CA0306
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12.12.2022
Official Journal of the European Union
C 472/15
(Case C-306/21)
(Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Scope - Article 2(2)(a) - Meaning of ‘activity which falls outside the scope of Union law’ - National and European Elections - Article 6(1)(e) - Lawfulness of processing - Article 58 - Act adopted by the supervisory authorities limiting, or where appropriate, prohibiting the video recording of the determination of the election results at electoral premises)
(2022/C 472/17)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicants: Komisia za zashtita na lichnite danni, Tsentralna izbiratelna komisia
Defendant: Koalitsia ‘Demokratichna Bulgaria — Obedinenie’
Operative part of the judgment
1.Article 2(2)(a) 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), must be interpreted as meaning that the processing of personal data in the context of the organisation of elections in a Member State is not excluded from the scope of that regulation.
2.Article 6(1)(e) and Article 58 of Regulation 2016/679, must be interpreted as meaning that those provisions do not preclude the competent authorities of a Member State from adopting an administrative act of general application which provides for the limitation or, where appropriate, the prohibition of the video recording of the determination of the electoral results in polling stations during elections in that Member State.
(1) OJ C 329, 16.8.2021.