{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-312-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-312-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-23","fingerprint":"ewai:eu:b67bfc","proof":"sha256:8e5a8b051e8e591b69fc99bcfa61fd88dea999ba1ced551621179302736943c9","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-312-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62024CJ0312","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraphs":[]},{"title":"4 June 2026 (\n *1\n )","paragraphs":["para_4"]},{"title":"In Case C‑312/24 [Darashev], (\n i\n )","paragraphs":["para_6"]},{"title":"CL","paragraphs":["para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":["para_26"]},{"title":"2","paragraphs":["para_28"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":[]},{"title":"Directive 2000/78","paragraphs":[]},{"title":"3","paragraphs":[]},{"title":"Article 1 of Directive 2000/78, entitled ‘Purpose’, provides:","paragraphs":["para_34"]},{"title":"The GDPR","paragraphs":[]},{"title":"4","paragraphs":[]},{"title":"Recitals 4, 10, 19, 39, 41, 65 and 66 of the GDPR state:","paragraphs":["para_38","para_39","para_40"]},{"title":"(10)","paragraphs":["para_42","para_43"]},{"title":"(19)","paragraphs":["para_45","para_46","para_47"]},{"title":"(39)","paragraphs":["para_49","para_50"]},{"title":"(41)","paragraphs":["para_52","para_53"]},{"title":"(65)","paragraphs":["para_55"]},{"title":"(66)","paragraphs":["para_57"]},{"title":"5","paragraphs":[]},{"title":"Article 1 of the GDPR, entitled ‘Subject matter and objectives’, provides in paragraph 2:","paragraphs":["para_60"]},{"title":"6","paragraphs":[]},{"title":"Article 2 of the GDPR, entitled ‘Material scope’, provides:","paragraphs":["para_63"]},{"title":"2.   This Regulation does not apply to the processing of personal data:","paragraphs":["para_65"]},{"title":"(d)","paragraphs":["para_67","para_68"]},{"title":"7","paragraphs":[]},{"title":"Article 4 of the GDPR, entitled ‘Definitions’, is worded as follows:","paragraphs":["para_71"]},{"title":"(1)","paragraphs":["para_73"]},{"title":"(2)","paragraphs":["para_75","para_76"]},{"title":"(6)","paragraphs":["para_78","para_79"]},{"title":"8","paragraphs":["para_81","para_82"]},{"title":"(a)","paragraphs":["para_84","para_85"]},{"title":"(e)","paragraphs":["para_87","para_88"]},{"title":"9","paragraphs":[]},{"title":"Under Article 6 of the GDPR, entitled ‘Lawfulness of processing’:","paragraphs":["para_91","para_92"]},{"title":"(c)","paragraphs":["para_94","para_95","para_96"]},{"title":"(a)","paragraphs":[]},{"title":"Union law; or","paragraphs":[]},{"title":"(b)","paragraphs":["para_100","para_101","para_102"]},{"title":"10","paragraphs":["para_104","para_105"]},{"title":"2.   Paragraph 1 shall not apply if one of the following applies:","paragraphs":["para_107"]},{"title":"(b)","paragraphs":["para_109","para_110"]},{"title":"11","paragraphs":["para_112","para_113"]},{"title":"12","paragraphs":["para_115","para_116"]},{"title":"(a)","paragraphs":["para_118","para_119"]},{"title":"(d)","paragraphs":["para_121","para_122"]},{"title":"3.   Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:","paragraphs":["para_124"]},{"title":"(b)","paragraphs":["para_126","para_127"]},{"title":"Directive 2016/680","paragraphs":[]},{"title":"13","paragraphs":[]},{"title":"Recitals 11 and 12 of Directive 2016/680 state:","paragraphs":["para_131","para_132"]},{"title":"(12)","paragraphs":["para_134"]},{"title":"14","paragraphs":["para_136","para_137"]},{"title":"15","paragraphs":[]},{"title":"Article 2 of that directive, entitled ‘Scope’, provides in paragraph 1:","paragraphs":["para_140"]},{"title":"16","paragraphs":[]},{"title":"Article 3 of Directive 2016/680, entitled ‘Definitions’, states:","paragraphs":["para_143","para_144","para_145","para_146"]},{"title":"(7)   “competent authority” means:","paragraphs":[]},{"title":"(a)","paragraphs":["para_149","para_150","para_151","para_152"]},{"title":"17","paragraphs":[]},{"title":"Article 9 of Directive 2016/680, entitled ‘Specific processing conditions’, provides:","paragraphs":["para_155","para_156","para_157"]},{"title":"18","paragraphs":["para_159"]},{"title":"19","paragraphs":["para_161","para_162"]},{"title":"Bulgarian law","paragraphs":[]},{"title":"20","paragraphs":["para_165","para_166"]},{"title":"21","paragraphs":["para_168","para_169"]},{"title":"22","paragraphs":[]},{"title":"Article 26(2) of the ZMVR is worded as follows:","paragraphs":["para_172"]},{"title":"23","paragraphs":[]},{"title":"Under Article 29(1) and (2) of the ZMVR:","paragraphs":["para_175"]},{"title":"24","paragraphs":[]},{"title":"Article 147 of the ZMVR provides:","paragraphs":["para_178"]},{"title":"25","paragraphs":[]},{"title":"Article 150 of the ZMVR provides:","paragraphs":["para_181"]},{"title":"26","paragraphs":[]},{"title":"Under Article 155(1) and (4) of the ZMVR:","paragraphs":["para_184","para_185","para_186"]},{"title":"27","paragraphs":["para_188","para_189"]},{"title":"28","paragraphs":[]},{"title":"Article 42 of the ZZLD is worded as follows:","paragraphs":["para_192"]},{"title":"29","paragraphs":[]},{"title":"Article 43 of the ZZLD provides:","paragraphs":["para_195"]},{"title":"30","paragraphs":[]},{"title":"In accordance with Article 46 of the ZZLD:","paragraphs":["para_198"]},{"title":"31","paragraphs":["para_200","para_201"]},{"title":"32","paragraphs":[]},{"title":"Article 5 of the instruction relating to personnel files is worded as follows:","paragraphs":["para_204"]},{"title":"33","paragraphs":[]},{"title":"Article 6 of the instruction relating to personnel files provides:","paragraphs":["para_207"]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"34","paragraphs":["para_210"]},{"title":"35","paragraphs":["para_212"]},{"title":"36","paragraphs":["para_214"]},{"title":"37","paragraphs":["para_216"]},{"title":"38","paragraphs":["para_218"]},{"title":"39","paragraphs":["para_220"]},{"title":"40","paragraphs":["para_222"]},{"title":"41","paragraphs":["para_224"]},{"title":"42","paragraphs":["para_226"]},{"title":"43","paragraphs":["para_228"]},{"title":"44","paragraphs":["para_230"]},{"title":"45","paragraphs":["para_232"]},{"title":"46","paragraphs":["para_234"]},{"title":"47","paragraphs":["para_236"]},{"title":"48","paragraphs":["para_238"]},{"title":"49","paragraphs":["para_240","para_241","para_242"]},{"title":"(2)","paragraphs":["para_244"]},{"title":"(3)","paragraphs":["para_246"]},{"title":"(4)","paragraphs":["para_248"]},{"title":"(5)","paragraphs":["para_250","para_251","para_252","para_253","para_254"]},{"title":"(6)","paragraphs":["para_256","para_257","para_258","para_259","para_260"]},{"title":"(7)","paragraphs":["para_262"]},{"title":"(8)","paragraphs":["para_264"]},{"title":"(9)","paragraphs":["para_266"]},{"title":"(10)","paragraphs":["para_268","para_269","para_270","para_271","para_272"]},{"title":"(11)","paragraphs":["para_274","para_275","para_276","para_277","para_278"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"Admissibility","paragraphs":[]},{"title":"50","paragraphs":["para_282"]},{"title":"51","paragraphs":["para_284"]},{"title":"52","paragraphs":["para_286"]},{"title":"53","paragraphs":["para_288"]},{"title":"54","paragraphs":["para_290"]},{"title":"55","paragraphs":["para_292"]},{"title":"56","paragraphs":["para_294"]},{"title":"57","paragraphs":["para_296"]},{"title":"58","paragraphs":["para_298"]},{"title":"59","paragraphs":["para_300"]},{"title":"60","paragraphs":["para_302"]},{"title":"61","paragraphs":["para_304"]},{"title":"62","paragraphs":["para_306"]},{"title":"63","paragraphs":["para_308"]},{"title":"Substance","paragraphs":[]},{"title":"The first to third and seventh to ninth questions","paragraphs":[]},{"title":"64","paragraphs":["para_312"]},{"title":"65","paragraphs":["para_314"]},{"title":"66","paragraphs":["para_316"]},{"title":"67","paragraphs":["para_318"]},{"title":"68","paragraphs":["para_320"]},{"title":"69","paragraphs":["para_322"]},{"title":"70","paragraphs":["para_324"]},{"title":"71","paragraphs":["para_326"]},{"title":"72","paragraphs":["para_328"]},{"title":"73","paragraphs":["para_330"]},{"title":"The fifth and sixth questions","paragraphs":[]},{"title":"74","paragraphs":["para_333"]},{"title":"75","paragraphs":["para_335"]},{"title":"76","paragraphs":["para_337"]},{"title":"77","paragraphs":["para_339"]},{"title":"78","paragraphs":["para_341"]},{"title":"79","paragraphs":["para_343"]},{"title":"80","paragraphs":["para_345"]},{"title":"81","paragraphs":["para_347"]},{"title":"82","paragraphs":["para_349"]},{"title":"83","paragraphs":["para_351"]},{"title":"84","paragraphs":["para_353"]},{"title":"85","paragraphs":["para_355"]},{"title":"86","paragraphs":["para_357"]},{"title":"87","paragraphs":["para_359"]},{"title":"88","paragraphs":["para_361"]},{"title":"89","paragraphs":["para_363"]},{"title":"90","paragraphs":["para_365"]},{"title":"91","paragraphs":["para_367"]},{"title":"92","paragraphs":["para_369"]},{"title":"93","paragraphs":["para_371"]},{"title":"94","paragraphs":["para_373"]},{"title":"95","paragraphs":["para_375"]},{"title":"96","paragraphs":["para_377"]},{"title":"97","paragraphs":["para_379"]},{"title":"98","paragraphs":["para_381"]},{"title":"99","paragraphs":["para_383"]},{"title":"100","paragraphs":["para_385"]},{"title":"101","paragraphs":["para_387"]},{"title":"102","paragraphs":["para_389"]},{"title":"103","paragraphs":["para_391"]},{"title":"104","paragraphs":["para_393"]},{"title":"105","paragraphs":["para_395"]},{"title":"106","paragraphs":["para_397"]},{"title":"107","paragraphs":["para_399"]},{"title":"108","paragraphs":["para_401"]},{"title":"109","paragraphs":["para_403"]},{"title":"The tenth question","paragraphs":[]},{"title":"110","paragraphs":["para_406"]},{"title":"The eleventh question","paragraphs":[]},{"title":"111","paragraphs":["para_409"]},{"title":"112","paragraphs":["para_411"]},{"title":"113","paragraphs":["para_413"]},{"title":"114","paragraphs":["para_415"]},{"title":"115","paragraphs":["para_417"]},{"title":"Costs","paragraphs":[]},{"title":"116","paragraphs":["para_420"]},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_422","para_423","para_424","para_425","para_426","para_427","para_428","para_429","para_430","para_431","para_432","para_433"]}],"paragraphs":[{"text":"62024CJ0312","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"4 June 2026 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data in criminal matters – Regulation (EU) 2016/679 – Directive (EU) 2016/680 – Scope – Processing of data collected in the course of an investigation against a police officer as a person su …","paragraph_id":"para_4"},{"text":"In Case C‑312/24 [Darashev], (\n i\n )","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Sofiyski rayonen sad (Sofia District Court, Bulgaria), made by decision of 30 January 2024, received at the Court on 29 April 2024, in the proceedings","paragraph_id":"para_6"},{"text":"CL","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"Prokuratura na Republika Bulgaria,","paragraph_id":"para_9"},{"text":"THE COURT (Fifth Chamber),","paragraph_id":"para_10"},{"text":"composed of M.L. Arastey Sahún, President of the Chamber, J. Passer, E. Regan (Rapporteur), D. Gratsias and B. Smulders, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: M. Szpunar,","paragraph_id":"para_12"},{"text":"Registrar: R. Stefanova-Kamisheva, Administrator,","paragraph_id":"para_13"},{"text":"having regard to the written procedure and further to the hearing on 21 May 2025,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–","paragraph_id":"para_16"},{"text":"the Bulgarian Government, by T. Mitova, S. Ruseva and R. Stoyanov, acting as Agents,","paragraph_id":"para_17"},{"text":"–","paragraph_id":"para_18"},{"text":"the Hungarian Government, by Zs. Biró-Tóth and M.Z. Fehér, acting as Agents,","paragraph_id":"para_19"},{"text":"–","paragraph_id":"para_20"},{"text":"the European Commission, by A. Bouchagiar, G. Koleva and H. Kranenborg, acting as Agents,","paragraph_id":"para_21"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 4 September 2025,","paragraph_id":"para_22"},{"text":"gives the following","paragraph_id":"para_23"},{"text":"Judgment","paragraph_id":"para_24"},{"text":"1","paragraph_id":"para_25"},{"text":"This request for a preliminary ruling concerns the interpretation of Article 1 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ( OJ 2000 L 303, p. 16 ), Article 2(1), points 2 and 6 of Article 4, Article 9(2)(b) an …","paragraph_id":"para_26"},{"text":"2","paragraph_id":"para_27"},{"text":"The request has been made in proceedings between CL and the Prokuratura na Republika Bulgaria (Public Prosecutor’s Office of the Republic of Bulgaria; ‘the Public Prosecutor’s Office’) concerning compensation claimed by CL for the harm which he claims to have suffered on account of, first, the investigative measures to which he was subject in the course of a criminal investigation concerning him and, second, the consequences of that investigation.","paragraph_id":"para_28"},{"text":"Legal context","paragraph_id":"para_29"},{"text":"European Union law","paragraph_id":"para_30"},{"text":"Directive 2000/78","paragraph_id":"para_31"},{"text":"3","paragraph_id":"para_32"},{"text":"Article 1 of Directive 2000/78, entitled ‘Purpose’, provides:","paragraph_id":"para_33"},{"text":"‘The purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the Member States the principle of equal treatment.’","paragraph_id":"para_34"},{"text":"The GDPR","paragraph_id":"para_35"},{"text":"4","paragraph_id":"para_36"},{"text":"Recitals 4, 10, 19, 39, 41, 65 and 66 of the GDPR state:","paragraph_id":"para_37"},{"text":"‘(4)","paragraph_id":"para_38"},{"text":"… This Regulation respects all fundamental rights and observes the freedoms and principles recognised by the Charter as enshrined in the Treaties, in particular the respect for private and family life ….","paragraph_id":"para_39"},{"text":"…","paragraph_id":"para_40"},{"text":"(10)","paragraph_id":"para_41"},{"text":"In order to ensure a consistent and high level of protection of natural persons and to remove the obstacles to flows of personal data within the [European] Union, the level of protection of the rights and freedoms of natural persons with regard to the processing of such data should be equivalent in …","paragraph_id":"para_42"},{"text":"…","paragraph_id":"para_43"},{"text":"(19)","paragraph_id":"para_44"},{"text":"…","paragraph_id":"para_45"},{"text":"With regard to the processing of personal data by those competent authorities for purposes falling within scope of this Regulation, Member States should be able to maintain or introduce more specific provisions to adapt the application of the rules of this Regulation. Such provisions may determine m …","paragraph_id":"para_46"},{"text":"…","paragraph_id":"para_47"},{"text":"(39)","paragraph_id":"para_48"},{"text":"… The personal data should be adequate, relevant and limited to what is necessary for the purposes for which they are processed. This requires, in particular, ensuring that the period for which the personal data are stored is limited to a strict minimum. Personal data should be processed only if the purpose of the processing could not reasonably be fulfilled by other means. …","paragraph_id":"para_49"},{"text":"…","paragraph_id":"para_50"},{"text":"(41)","paragraph_id":"para_51"},{"text":"Where this Regulation refers to a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by a parliament, without prejudice to requirements pursuant to the constitutional order of the Member State concerned. However, such a legal basis or legislative measur …","paragraph_id":"para_52"},{"text":"…","paragraph_id":"para_53"},{"text":"(65)","paragraph_id":"para_54"},{"text":"A data subject should have the right to have personal data concerning him or her rectified and a “right to be forgotten” where the retention of such data infringes this Regulation or Union or Member State law to which the controller is subject. In particular, a data subject should have the right to …","paragraph_id":"para_55"},{"text":"(66)","paragraph_id":"para_56"},{"text":"To strengthen the right to be forgotten in the online environment, the right to erasure should also be extended in such a way that a controller who has made the personal data public should be obliged to inform the controllers which are processing such personal data to erase any links to, or copies or replications of those personal data. …’","paragraph_id":"para_57"},{"text":"5","paragraph_id":"para_58"},{"text":"Article 1 of the GDPR, entitled ‘Subject matter and objectives’, provides in paragraph 2:","paragraph_id":"para_59"},{"text":"‘This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.’","paragraph_id":"para_60"},{"text":"6","paragraph_id":"para_61"},{"text":"Article 2 of the GDPR, entitled ‘Material scope’, provides:","paragraph_id":"para_62"},{"text":"‘1.   This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.","paragraph_id":"para_63"},{"text":"2.   This Regulation does not apply to the processing of personal data:","paragraph_id":"para_64"},{"text":"…","paragraph_id":"para_65"},{"text":"(d)","paragraph_id":"para_66"},{"text":"by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.","paragraph_id":"para_67"},{"text":"…’","paragraph_id":"para_68"},{"text":"7","paragraph_id":"para_69"},{"text":"Article 4 of the GDPR, entitled ‘Definitions’, is worded as follows:","paragraph_id":"para_70"},{"text":"‘For the purposes of this Regulation:","paragraph_id":"para_71"},{"text":"(1)","paragraph_id":"para_72"},{"text":"“personal data” means any information relating to an identified or identifiable natural person …; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;","paragraph_id":"para_73"},{"text":"(2)","paragraph_id":"para_74"},{"text":"“processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;","paragraph_id":"para_75"},{"text":"…","paragraph_id":"para_76"},{"text":"(6)","paragraph_id":"para_77"},{"text":"“filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;","paragraph_id":"para_78"},{"text":"…’","paragraph_id":"para_79"},{"text":"8","paragraph_id":"para_80"},{"text":"Article 5 of the GDPR, entitled ‘Principles relating to processing of personal data’, provides, in paragraph 1:","paragraph_id":"para_81"},{"text":"‘Personal data shall be:","paragraph_id":"para_82"},{"text":"(a)","paragraph_id":"para_83"},{"text":"processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”);","paragraph_id":"para_84"},{"text":"…","paragraph_id":"para_85"},{"text":"(e)","paragraph_id":"para_86"},{"text":"kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods in so far as the personal data will be processed solely for archiving purposes in the public interes …","paragraph_id":"para_87"},{"text":"…’","paragraph_id":"para_88"},{"text":"9","paragraph_id":"para_89"},{"text":"Under Article 6 of the GDPR, entitled ‘Lawfulness of processing’:","paragraph_id":"para_90"},{"text":"‘1.   Processing shall be lawful only if and to the extent that at least one of the following applies:","paragraph_id":"para_91"},{"text":"…","paragraph_id":"para_92"},{"text":"(c)","paragraph_id":"para_93"},{"text":"processing is necessary for compliance with a legal obligation to which the controller is subject;","paragraph_id":"para_94"},{"text":"…","paragraph_id":"para_95"},{"text":"3.   The basis for the processing referred to in point[s] (c) and (e) of paragraph 1 shall be laid down by:","paragraph_id":"para_96"},{"text":"(a)","paragraph_id":"para_97"},{"text":"Union law; or","paragraph_id":"para_98"},{"text":"(b)","paragraph_id":"para_99"},{"text":"Member State law to which the controller is subject.","paragraph_id":"para_100"},{"text":"The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That leg …","paragraph_id":"para_101"},{"text":"…’","paragraph_id":"para_102"},{"text":"10","paragraph_id":"para_103"},{"text":"Article 9 of the GDPR, entitled ‘Processing of special categories of personal data’, provides:","paragraph_id":"para_104"},{"text":"‘1.   Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.","paragraph_id":"para_105"},{"text":"2.   Paragraph 1 shall not apply if one of the following applies:","paragraph_id":"para_106"},{"text":"…","paragraph_id":"para_107"},{"text":"(b)","paragraph_id":"para_108"},{"text":"processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;","paragraph_id":"para_109"},{"text":"…’","paragraph_id":"para_110"},{"text":"11","paragraph_id":"para_111"},{"text":"Article 10 of the GDPR, entitled ‘Processing of personal data relating to criminal convictions and offences’, provides:","paragraph_id":"para_112"},{"text":"‘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. …’","paragraph_id":"para_113"},{"text":"12","paragraph_id":"para_114"},{"text":"Article 17 of that regulation, entitled ‘Right to erasure (“right to be forgotten”)’, is worded as follows:","paragraph_id":"para_115"},{"text":"‘1.   The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:","paragraph_id":"para_116"},{"text":"(a)","paragraph_id":"para_117"},{"text":"the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;","paragraph_id":"para_118"},{"text":"…","paragraph_id":"para_119"},{"text":"(d)","paragraph_id":"para_120"},{"text":"the personal data have been unlawfully processed;","paragraph_id":"para_121"},{"text":"…","paragraph_id":"para_122"},{"text":"3.   Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:","paragraph_id":"para_123"},{"text":"…","paragraph_id":"para_124"},{"text":"(b)","paragraph_id":"para_125"},{"text":"for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;","paragraph_id":"para_126"},{"text":"…’","paragraph_id":"para_127"},{"text":"Directive 2016/680","paragraph_id":"para_128"},{"text":"13","paragraph_id":"para_129"},{"text":"Recitals 11 and 12 of Directive 2016/680 state:","paragraph_id":"para_130"},{"text":"‘(11)","paragraph_id":"para_131"},{"text":"It is therefore appropriate for those fields to be addressed by a directive that lays down the specific rules relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecut …","paragraph_id":"para_132"},{"text":"(12)","paragraph_id":"para_133"},{"text":"The activities carried out by the police or other law-enforcement authorities are focused mainly on the prevention, investigation, detection or prosecution of criminal offences, including police activities without prior knowledge if an incident is a criminal offence or not. … They also include maint …","paragraph_id":"para_134"},{"text":"14","paragraph_id":"para_135"},{"text":"Article 1 of that directive, entitled ‘Subject matter and objectives’, provides, in paragraph 1:","paragraph_id":"para_136"},{"text":"‘This Directive lays down the rules relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.’","paragraph_id":"para_137"},{"text":"15","paragraph_id":"para_138"},{"text":"Article 2 of that directive, entitled ‘Scope’, provides in paragraph 1:","paragraph_id":"para_139"},{"text":"‘This Directive applies to the processing of personal data by competent authorities for the purposes set out in Article 1(1).’","paragraph_id":"para_140"},{"text":"16","paragraph_id":"para_141"},{"text":"Article 3 of Directive 2016/680, entitled ‘Definitions’, states:","paragraph_id":"para_142"},{"text":"‘For the purposes of this Directive:","paragraph_id":"para_143"},{"text":"(1)   “personal data” means any information relating to an identified or identifiable natural person …; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;","paragraph_id":"para_144"},{"text":"(2)   “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;","paragraph_id":"para_145"},{"text":"…","paragraph_id":"para_146"},{"text":"(7)   “competent authority” means:","paragraph_id":"para_147"},{"text":"(a)","paragraph_id":"para_148"},{"text":"any public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; or","paragraph_id":"para_149"},{"text":"…","paragraph_id":"para_150"},{"text":"(8)   “controller” means the competent authority which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;","paragraph_id":"para_151"},{"text":"…’","paragraph_id":"para_152"},{"text":"17","paragraph_id":"para_153"},{"text":"Article 9 of Directive 2016/680, entitled ‘Specific processing conditions’, provides:","paragraph_id":"para_154"},{"text":"‘1.   Personal data collected by competent authorities for the purposes set out in Article 1(1) shall not be processed for purposes other than those set out in Article 1(1) unless such processing is authorised by Union or Member State law. Where personal data are processed for such other purposes, [the GDPR] shall apply unless the processing is carried out in an activity which falls outside the scope of Union law.","paragraph_id":"para_155"},{"text":"2.   Where competent authorities are entrusted by Member State law with the performance of tasks other than those performed for the purposes set out in Article 1(1), [the GDPR] shall apply to processing for such purposes, including for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, unless the processing is carried out in an activity which falls outside the scope of Union law.","paragraph_id":"para_156"},{"text":"…’","paragraph_id":"para_157"},{"text":"18","paragraph_id":"para_158"},{"text":"Article 10 of that directive lays down conditions relating to the processing of special categories of personal data.","paragraph_id":"para_159"},{"text":"19","paragraph_id":"para_160"},{"text":"Article 16 of that directive, entitled ‘Right to rectification or erasure of personal data and restriction of processing’, provides, in paragraph 2:","paragraph_id":"para_161"},{"text":"‘Member States shall require the controller to erase personal data without undue delay and provide for the right of the data subject to obtain from the controller the erasure of personal data concerning him or her without undue delay where processing infringes the provisions adopted pursuant to Article 4, 8 or 10, or where personal data must be erased in order to comply with a legal obligation to which the controller is subject.’","paragraph_id":"para_162"},{"text":"Bulgarian law","paragraph_id":"para_163"},{"text":"20","paragraph_id":"para_164"},{"text":"The zakon za otgovornostta na darzhavata i obshtinite za vredi (Law on the liability of the State and of municipalities for damage) (DV No 60 of 5 August 1988), in the version applicable to the dispute in the main proceedings, provides, in Article 2(1), (2) and (3):","paragraph_id":"para_165"},{"text":"‘The State shall be liable for damage caused to citizens by investigative authorities, the public prosecutor’s office or the court in the event of: … 2. infringement of rights protected by Article 5(2) to (4) of the Convention; 3. an accusation of having committed a criminal offence, if the person i …","paragraph_id":"para_166"},{"text":"21","paragraph_id":"para_167"},{"text":"The zakon za ministerstvoto na vatreshnite raboti (Law on the Ministry of the Interior) (DV No 53 of 27 June 2014), in the version applicable to the dispute in the main proceedings (‘the ZMVR’), provides, in Article 2(1):","paragraph_id":"para_168"},{"text":"‘The activities of the Ministry of the Interior aim to protect the rights and freedoms of citizens, combat crime, protect national security, maintain public order, prevent fires and protect the population.’","paragraph_id":"para_169"},{"text":"22","paragraph_id":"para_170"},{"text":"Article 26(2) of the ZMVR is worded as follows:","paragraph_id":"para_171"},{"text":"‘The time limits for storage of the data referred to in paragraph 1 or the time limits for a periodic review of the need to store such data shall be determined by the Minister for the Interior. Those data shall also be erased pursuant to a judgment or decision of the [Personal] Data Protection Commission.’","paragraph_id":"para_172"},{"text":"23","paragraph_id":"para_173"},{"text":"Under Article 29(1) and (2) of the ZMVR:","paragraph_id":"para_174"},{"text":"‘(1) The controller responsible for the processing of personal data shall be the Minister for the Interior, who may entrust the processing of personal data to such officers as he or she may designate. (2) Rules governing the processing of personal data shall be established by instruction of the Minister for the Interior.’","paragraph_id":"para_175"},{"text":"24","paragraph_id":"para_176"},{"text":"Article 147 of the ZMVR provides:","paragraph_id":"para_177"},{"text":"‘(1) A personnel file shall be drawn up for every officer of the Ministry of the Interior. (2) The rules governing the drawing up, management and keeping of personnel files, as well as the rules governing their use shall be established by instruction of the Minister for the Interior.’","paragraph_id":"para_178"},{"text":"25","paragraph_id":"para_179"},{"text":"Article 150 of the ZMVR provides:","paragraph_id":"para_180"},{"text":"‘(1) The Minister for the Interior shall draw up a code of ethics for officers of the Ministry of the Interior, which shall be published in the Darzhaven vestnik [(Bulgarian Official Journal)]; (2) Officers are required to comply with the rules laid down in the Code of Ethics for Officers of the Ministry of the Interior.’","paragraph_id":"para_181"},{"text":"26","paragraph_id":"para_182"},{"text":"Under Article 155(1) and (4) of the ZMVR:","paragraph_id":"para_183"},{"text":"‘(1)   An officer of the Ministry of the Interior shall be a natural person with capacity to act who has not been subject to the following: … 2. a conviction for an intentional criminal offence under ordinary law, irrespective of rehabilitation; 3. a charge or prosecution for an intentional criminal offence under ordinary law; …","paragraph_id":"para_184"},{"text":"…","paragraph_id":"para_185"},{"text":"(4)   The circumstances referred to in paragraph 1(2) shall be established by the appointing authority of its own motion.’","paragraph_id":"para_186"},{"text":"27","paragraph_id":"para_187"},{"text":"The zakon za zashtita na lichnite danni (Law on the protection of personal data) (DV No 1 of 4 January 2002), in the version applicable to the dispute in the main proceedings (‘the ZZLD’), provides, in Article 6(1) and (2) thereof:","paragraph_id":"para_188"},{"text":"‘(1)   The Personal Data Protection Commission … is a permanent and independent supervisory authority which ensures the protection of persons with regard to the processing of and access to their personal data as well as inspections in respect of compliance with [the GDPR] and with this law; (2) the [Personal Data Protection] Commission shall contribute to the implementation of State policy concerning the protection of personal data.’","paragraph_id":"para_189"},{"text":"28","paragraph_id":"para_190"},{"text":"Article 42 of the ZZLD is worded as follows:","paragraph_id":"para_191"},{"text":"‘(1)   The rules laid down in the present chapter shall apply where personal data are processed by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the pre …","paragraph_id":"para_192"},{"text":"29","paragraph_id":"para_193"},{"text":"Article 43 of the ZZLD provides:","paragraph_id":"para_194"},{"text":"‘The rules of the present chapter shall apply to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.’","paragraph_id":"para_195"},{"text":"30","paragraph_id":"para_196"},{"text":"In accordance with Article 46 of the ZZLD:","paragraph_id":"para_197"},{"text":"‘(1)   Where the time limits for the erasure of personal data or for periodic verification of the need for their storage are not determined by law, they shall be determined by the controller; (2) The periodic verification referred to in paragraph 1 shall be documented and reasons shall be given for the decision to continue to store the data.’","paragraph_id":"para_198"},{"text":"31","paragraph_id":"para_199"},{"text":"Instruction No 8121z-532 of 9 September 2014 on the preparation, keeping, storage and use of personnel files of officers of the Ministry of the Interior (DV No 78 of 19 September 2014, amended and supplemented in DV No 27 of 14 April 2015, amended and supplemented in DV No 53 of 25 June 2021) (‘the instruction relating to personnel files’), provides, in Article 3:","paragraph_id":"para_200"},{"text":"‘Personnel files shall be drawn up and stored by the “human resources” unit of the relevant structures. They shall be numbered in ascending order, recorded in a logbook … and stored at premises (repositories) that meet the storage requirements for materials containing classified information.’","paragraph_id":"para_201"},{"text":"32","paragraph_id":"para_202"},{"text":"Article 5 of the instruction relating to personnel files is worded as follows:","paragraph_id":"para_203"},{"text":"‘(1)   The processing of personal data in personnel files shall be carried out in accordance with the provisions of the zakon za zashtita na klasifitsiranata informatsia … [(Law on the protection of classified information)], the [ZZLD] and the [GDPR]; (2) The processing of information stored in the …","paragraph_id":"para_204"},{"text":"33","paragraph_id":"para_205"},{"text":"Article 6 of the instruction relating to personnel files provides:","paragraph_id":"para_206"},{"text":"‘(1) Documents categorised in three sections and containing data and information relating to the examination, award and conclusion of employment contracts, to changes of duties and to the termination of employment of officials shall be collected and stored in the personnel files. (2) The first secti …","paragraph_id":"para_207"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_208"},{"text":"34","paragraph_id":"para_209"},{"text":"Between 2012 and 2023, the applicant in the main proceedings held various positions as a police officer within the ‘Security Police’ Directorate-General and the ‘National Police’ Directorate-General of the Bulgarian Ministry of the Interior.","paragraph_id":"para_210"},{"text":"35","paragraph_id":"para_211"},{"text":"On 1 March 2016, an investigation was initiated by the ‘Internal Security’ directorate of that ministry, against an unknown perpetrator, in respect of an offence of robbery committed with the involvement of other persons.","paragraph_id":"para_212"},{"text":"36","paragraph_id":"para_213"},{"text":"On 17 May 2016, a general meeting was held of all the police officers of the directorate in which the applicant in the main proceedings worked. That meeting was attended by the head of the section concerned, a representative of the ‘Internal Security’ directorate, a public prosecutor from the Sofiys …","paragraph_id":"para_214"},{"text":"37","paragraph_id":"para_215"},{"text":"In the course of the investigation at issue, the applicant in the main proceedings was subject, in his capacity as a suspect, to various investigative measures, namely a search, the taking of fingerprints and, after a judicial authorisation was issued, a search of his home giving rise to seizure of …","paragraph_id":"para_216"},{"text":"38","paragraph_id":"para_217"},{"text":"The applicant in the main proceedings continued to perform his duties at the Ministry of the Interior and took part in competitions for the purpose of obtaining promotion, which was refused on the ground that he had been taken into police custody as a suspect in an investigation for robbery. His personnel file and the archives of that ministry contain information concerning his detention in police custody and the investigative measures concerning him as a suspect.","paragraph_id":"para_218"},{"text":"39","paragraph_id":"para_219"},{"text":"The applicant in the main proceedings brought an action before the Sofiyski rayonen sad (Sofia District Court, Bulgaria), which is the referring court, seeking an order that the Public Prosecutor’s Office pay compensation for the non-material damage caused to him by the measures to which he was subj …","paragraph_id":"para_220"},{"text":"40","paragraph_id":"para_221"},{"text":"It is apparent from the order for reference that, in accordance with the case-law of the Varhoven kasatsionen sad na Republika Balgaria (Supreme Court of Cassation of the Republic of Bulgaria), a suspect who has not been prosecuted and who has benefited from a decision to take no further action is entitled to compensation.","paragraph_id":"para_222"},{"text":"41","paragraph_id":"para_223"},{"text":"The referring court states that the Ministry of the Interior is a single administrative authority, the task of which is to ensure that public order is maintained; it is composed of several directorates, including the ‘National Police’ and the ‘Security Police’ directorates, which are involved in the …","paragraph_id":"para_224"},{"text":"42","paragraph_id":"para_225"},{"text":"As a single administrative authority, the Ministry of the Interior is the employer of all officers performing their duties therein, but each directorate of the Ministry of the Interior stores information relating to its staff and records it in their personnel file. When an employee takes part in com …","paragraph_id":"para_226"},{"text":"43","paragraph_id":"para_227"},{"text":"In the first place, the referring court asks whether the GDPR applies to situations such as that at issue in the main proceedings, that is to say where a single organisational structure is concerned, part of which acts as an employer, while another part performs the functions of an investigating authority in criminal proceedings.","paragraph_id":"para_228"},{"text":"44","paragraph_id":"para_229"},{"text":"In the second place, if that is the case, that court seeks to establish whether the storage of information such as that referred to in paragraph 42 of the present judgment in an employee’s personnel file constitutes ‘processing of personal data’ within the meaning of point 2 of Article 4 of the GDPR …","paragraph_id":"para_230"},{"text":"45","paragraph_id":"para_231"},{"text":"In the third place, the referring court asks whether the Ministry of the Interior is entitled, in its capacity as employer, to refuse professional advancement to one of its employees on the sole ground that that employee was a suspect, defendant in criminal proceedings or accused person including wh …","paragraph_id":"para_232"},{"text":"46","paragraph_id":"para_233"},{"text":"In the fourth place, the referring court asks whether the principle of the ‘right to be forgotten’, provided for in Article 17(1)(a) of the GDPR, read in the light of recitals 65 and 66 of that regulation, must be interpreted as meaning that the data in an employee’s personnel file must be erased, w …","paragraph_id":"para_234"},{"text":"47","paragraph_id":"para_235"},{"text":"In the fifth place, the referring court has doubts as to whether the provisions of Directive 2016/680 are applicable to the situation at issue in the main proceedings and, if so, whether the storage of the data at issue in the main proceedings is lawful and proportionate in the light of Article 9(1) and Article 10 of that directive and concerning the erasure of those data under Article 16(2) of that directive.","paragraph_id":"para_236"},{"text":"48","paragraph_id":"para_237"},{"text":"In the sixth and last place, that court points out that the applicant in the main proceedings took part in competitions for promotion and transfer and that, despite his high classification, he was not selected on account of his status as a suspect in the investigation for robbery. In that context, t …","paragraph_id":"para_238"},{"text":"49","paragraph_id":"para_239"},{"text":"In those circumstances, the Sofiyski rayonen sad (Sofia District Court) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_240"},{"text":"‘(1)","paragraph_id":"para_241"},{"text":"Is Article 2(1) of the GDPR to be interpreted as meaning that data processing includes activities within one and the same organisational structure, in which some of its directorates perform the duties of an employer while one other directorate has the function of an investigating authority in criminal proceedings against employees of the other directorates? If the answer is in the affirmative:","paragraph_id":"para_242"},{"text":"(2)","paragraph_id":"para_243"},{"text":"Is the expression “processing of personal data” in [point 2 of Article 4] of the GDPR to be interpreted as covering an activity in the context of which information concerning a particular employee which has been obtained by the employer, in its capacity as the investigating authority, through one of its directorates is added to that employee’s personal file?","paragraph_id":"para_244"},{"text":"(3)","paragraph_id":"para_245"},{"text":"Is the expression “filing system” in [point 6 of Article 4] of the GDPR to be interpreted as covering the personal file of an employee or worker working in a directorate of the employer where the information has been collected by another directorate of the employer which has the status of an investigating authority?","paragraph_id":"para_246"},{"text":"(4)","paragraph_id":"para_247"},{"text":"Is Article 9(2)(b) of the GDPR to be interpreted as meaning that an organisational entity of an employer may gather and store data indicating that a particular employee was suspected of, charged with or put on trial for a criminal offence in criminal proceedings if that information was collected by another organisational entity of the employer which has the status of an investigating authority?","paragraph_id":"para_248"},{"text":"(5)","paragraph_id":"para_249"},{"text":"Is the “right to be forgotten” within the meaning of Article 17(1)(a) of the GDPR to be interpreted as meaning that an employer is required to erase from the personal file of the employee any data which it has collected and stored through another of its directorates, which has the status of a public authority for the purposes of investigating its employees, and which indicate that the employee:","paragraph_id":"para_250"},{"text":"–","paragraph_id":"para_251"},{"text":"is suspected of, charged with or on trial for a criminal offence in pending criminal proceedings, or","paragraph_id":"para_252"},{"text":"–","paragraph_id":"para_253"},{"text":"was suspected of, charged with or put on trial for a criminal offence for which criminal proceedings were stayed or abandoned?","paragraph_id":"para_254"},{"text":"(6)","paragraph_id":"para_255"},{"text":"Are personal data “unlawfully processed” within the meaning of Article 17(1)(d) of the GDPR to be interpreted as including data which the employer has received, collected and stored through another of its organisational entities which performs investigative functions in criminal proceedings against …","paragraph_id":"para_256"},{"text":"–","paragraph_id":"para_257"},{"text":"is suspected of, charged with or on trial for a criminal offence in pending criminal proceedings; or","paragraph_id":"para_258"},{"text":"–","paragraph_id":"para_259"},{"text":"was suspected of, charged with or put on trial for a criminal offence for which criminal proceedings were stayed or abandoned?","paragraph_id":"para_260"},{"text":"(7)","paragraph_id":"para_261"},{"text":"Are “personal data”, within the meaning of Article 3(1) of [Directive 2016/680], read in conjunction with Article 52 of the [Charter], to be interpreted as [including] data which have been obtained, collected and stored by the employer through one of its organisational entities which performs the functions of an investigating authority in criminal proceedings against an employee serving in another organisational entity of the employer?","paragraph_id":"para_262"},{"text":"(8)","paragraph_id":"para_263"},{"text":"Is “processing” within the meaning of Article 3(2) of [Directive 2016/680], read in conjunction with Article 52 of the [Charter], to be interpreted as meaning that it encompasses an activity consisting in the employer storing in the employee’s personal file data which the employer has obtained, coll …","paragraph_id":"para_264"},{"text":"(9)","paragraph_id":"para_265"},{"text":"Is Article 9(1) of [Directive 2016/680], read in conjunction with Article 52 of the [Charter], to be interpreted as meaning that it permits the employer to collect and store information on an employee who is suspected of, charged with or on trial for a criminal offence in cases where the employer collected that information through another of its organisational entities which has the status of an investigating authority in criminal proceedings against that employee?","paragraph_id":"para_266"},{"text":"(10)","paragraph_id":"para_267"},{"text":"Is Article 16(2) of [Directive 2016/680], in conjunction with Article 52 of the [Charter], to be interpreted as meaning that the employer must erase from the employee’s personnel file any data which the employer has collected and stored through another of its organisational entities[,] which has the status of an investigating authority in criminal proceedings against that employee, and which relate to the fact that the employee:","paragraph_id":"para_268"},{"text":"–","paragraph_id":"para_269"},{"text":"is suspected of, charged with or on trial for a criminal offence in pending criminal proceedings, or","paragraph_id":"para_270"},{"text":"–","paragraph_id":"para_271"},{"text":"was suspected of, charged with or put on trial for a criminal offence for which criminal proceedings were stayed or abandoned?","paragraph_id":"para_272"},{"text":"(11)","paragraph_id":"para_273"},{"text":"Is Article 1 of [Directive 2000/78] to be interpreted as not permitting an employer, one of whose organisational entities undertakes investigative actions against an employee of another organisational entity, to deny an employee promotion on the sole ground that he [or she]:","paragraph_id":"para_274"},{"text":"–","paragraph_id":"para_275"},{"text":"is suspected of, charged with or on trial for a criminal offence in pending criminal proceedings, or","paragraph_id":"para_276"},{"text":"–","paragraph_id":"para_277"},{"text":"was suspected of, charged with or put on trial for a criminal offence for which criminal proceedings were stayed or abandoned?’","paragraph_id":"para_278"},{"text":"Consideration of the questions referred","paragraph_id":"para_279"},{"text":"Admissibility","paragraph_id":"para_280"},{"text":"50","paragraph_id":"para_281"},{"text":"The Bulgarian Government submits that all the questions referred for a preliminary ruling are manifestly inadmissible.","paragraph_id":"para_282"},{"text":"51","paragraph_id":"para_283"},{"text":"That government maintains that the claim for compensation for harm is directed solely at the Public Prosecutor’s Office, which is part of the judiciary, whereas the Ministry of the Interior, which is part of the executive and is the employer of the applicant in the main proceedings, alone holds the …","paragraph_id":"para_284"},{"text":"52","paragraph_id":"para_285"},{"text":"That government states that, in order for the Public Prosecutor’s Office to incur liability, the referring court must determine, in accordance with national legislation governing State liability, whether the rights of the data subject, in the capacity of an accused person, were infringed and whether …","paragraph_id":"para_286"},{"text":"53","paragraph_id":"para_287"},{"text":"In that regard, it is clear from the Court’s settled case-law that questions on the interpretation of EU law referred by a national court, in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy …","paragraph_id":"para_288"},{"text":"54","paragraph_id":"para_289"},{"text":"Furthermore, it must be recalled that it is not for the Court to rule on the interpretation of provisions of national law or to decide whether the interpretation or application of those provisions by the national court is correct, since such an interpretation falls within the exclusive jurisdiction …","paragraph_id":"para_290"},{"text":"55","paragraph_id":"para_291"},{"text":"Thus, the Court must take into account, under the division of jurisdiction between the Courts of the European Union and the national courts, the factual and legal context, as set out in the order for reference, of the questions referred for a preliminary ruling. As a result, whatever criticism the g …","paragraph_id":"para_292"},{"text":"56","paragraph_id":"para_293"},{"text":"That said, in order for the Court to be able to give an interpretation of EU law that is useful to the national court, Article 94(c) of the Rules of Procedure of the Court of Justice provides that the request for a preliminary ruling must contain a statement of the reasons which prompted the referri …","paragraph_id":"para_294"},{"text":"57","paragraph_id":"para_295"},{"text":"In the present case, as regards the subject matter of the dispute in the main proceedings, it is common ground that the questions referred for a preliminary ruling were raised in a dispute pending before the referring court concerning a claim for compensation for the harm allegedly suffered by the a …","paragraph_id":"para_296"},{"text":"58","paragraph_id":"para_297"},{"text":"The file before the Court thus sets out, first, that there is a link between the subject matter of the dispute in the main proceedings and the rules of EU law on the protection of personal data and, second, the reasons which led the referring court to consider whether the employer’s refusal to erase the data in question is compatible with those rules.","paragraph_id":"para_298"},{"text":"59","paragraph_id":"para_299"},{"text":"As regards, specifically, the relevance of the interpretation of Directive 2000/78 for the purposes of resolving the dispute in the main proceedings, since the question relating thereto seeks, in essence, to determine whether the harm suffered by the applicant in the main proceedings, associated wit …","paragraph_id":"para_300"},{"text":"60","paragraph_id":"para_301"},{"text":"Consequently, the arguments put forward by the Bulgarian Government do not permit the view that all the questions referred for a preliminary ruling are inadmissible.","paragraph_id":"para_302"},{"text":"61","paragraph_id":"para_303"},{"text":"By contrast, it must be observed, in the first place, that, by the fourth question, the referring court refers to Article 9 of the GDPR, which governs, as is apparent from its title, the processing of sensitive categories of personal data. It is not apparent from the request for a preliminary ruling …","paragraph_id":"para_304"},{"text":"62","paragraph_id":"para_305"},{"text":"In the second place, certain circumstances referred to in the wording of the fifth, sixth and ninth to eleventh questions are not relevant in the light of the situation at issue in the main proceedings, which concerns, as is apparent from the order for reference as summarised in paragraphs 35 to 37 …","paragraph_id":"para_306"},{"text":"63","paragraph_id":"para_307"},{"text":"In the third place, as regards certain other factual premisses on which the eleventh question is based, the Bulgarian Government stated at the hearing that, during the period following the criminal investigation at issue, the applicant in the main proceedings, contrary to what he claims, was promote …","paragraph_id":"para_308"},{"text":"Substance","paragraph_id":"para_309"},{"text":"The first to third and seventh to ninth questions","paragraph_id":"para_310"},{"text":"64","paragraph_id":"para_311"},{"text":"It should be borne in mind that, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to decide the case before it. To that …","paragraph_id":"para_312"},{"text":"65","paragraph_id":"para_313"},{"text":"In that regard, it should be noted that, as the Advocate General observed in points 47 to 53 of his Opinion, although, by its second, third, seventh and eighth questions, the referring court formally asks the Court about the interpretation to be given to the concepts of ‘processing’ of personal data …","paragraph_id":"para_314"},{"text":"66","paragraph_id":"para_315"},{"text":"In those circumstances, it must be held that, by its first to third and seventh to ninth questions, which it is appropriate to examine together, the referring court asks, in essence, whether Article 2(1) of the GDPR and Article 9(1) of Directive 2016/680 must be interpreted as meaning that that regu …","paragraph_id":"para_316"},{"text":"67","paragraph_id":"para_317"},{"text":"Under Article 2(2)(d) of the GDPR, that regulation does not apply to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.","paragraph_id":"para_318"},{"text":"68","paragraph_id":"para_319"},{"text":"Article 1(1) of Directive 2016/680 provides, by contrast, that it lays down rules relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.","paragraph_id":"para_320"},{"text":"69","paragraph_id":"para_321"},{"text":"In addition, Article 9(1) of that directive provides, inter alia, that where personal data are processed for purposes other than those set out in Article 1(1) of that directive, the GDPR is to apply unless the processing is carried out in an activity which falls outside the scope of EU law.","paragraph_id":"para_322"},{"text":"70","paragraph_id":"para_323"},{"text":"It follows that, where the processing of personal data is carried out by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, Directive 2016/680 applies, whereas if processing is carried out for oth …","paragraph_id":"para_324"},{"text":"71","paragraph_id":"para_325"},{"text":"In the present case, although the initial collection of personal data carried out by the ‘Internal Security’ directorate of the Ministry of the Interior for the purposes of the investigation concerning the applicant in the main proceedings falls within the scope of Directive 2016/680, the processing at issue in the main proceedings, in so far as it is carried out for human resources management purposes, falls within the scope of the GDPR.","paragraph_id":"para_326"},{"text":"72","paragraph_id":"para_327"},{"text":"It should be noted that the applicability of the GDPR to the processing at issue in the main proceedings is not called into question by the fact that the information concerned was obtained by the employer through the directorate of the Ministry of the Interior responsible for carrying out the invest …","paragraph_id":"para_328"},{"text":"73","paragraph_id":"para_329"},{"text":"In the light of the foregoing, the answer to the first to third and seventh to ninth questions is that Article 2(1) of the GDPR and Article 9(1) of Directive 2016/680 must be interpreted as meaning that that regulation applies to the activity carried out by the directorate of a public authority, con …","paragraph_id":"para_330"},{"text":"The fifth and sixth questions","paragraph_id":"para_331"},{"text":"74","paragraph_id":"para_332"},{"text":"It must be observed that the fifth and sixth questions concern, in essence, the possibility for the officer concerned to obtain the erasure of the data at issue in the main proceedings from his or her personnel file on the basis of Article 17(1)(a) and (d) of the GDPR.","paragraph_id":"para_333"},{"text":"75","paragraph_id":"para_334"},{"text":"It is apparent from the file submitted to the Court that the national law governing the activities of the Ministry of the Interior lays down an obligation for that ministry to draw up and keep a personnel file for each officer of that ministry, and to establish a code of ethics, in respect of which …","paragraph_id":"para_335"},{"text":"76","paragraph_id":"para_336"},{"text":"In accordance with Article 17(1) of the GDPR, the data subject is to have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller is to have the obligation to erase those personal data without undue delay where one of the grounds set out in that provision applies.","paragraph_id":"para_337"},{"text":"77","paragraph_id":"para_338"},{"text":"That is the case, in accordance with Article 17(1)(a) of the GDPR, where the personal data ‘are no longer necessary in relation to the purposes for which they were collected or otherwise processed’ or, in accordance with Article 17(1)(d), where the data in question have been ‘unlawfully processed’.","paragraph_id":"para_339"},{"text":"78","paragraph_id":"para_340"},{"text":"As the Advocate General observed in point 69 of his Opinion, it is apparent from the fifth and sixth questions and from the statement of reasons for the request for a preliminary ruling, read together, that, by those questions, the referring court asks, more fundamentally, in order to be able to rule on the request for erasure made by the applicant in the main proceedings, whether the storage of the data at issue in the main proceedings in his personnel file is lawful.","paragraph_id":"para_341"},{"text":"79","paragraph_id":"para_342"},{"text":"In that regard, it should be observed that the first subparagraph of Article 6(1) of the GDPR sets out an exhaustive and restrictive list of the cases in which processing of personal data can be regarded as being lawful. Thus, in order to be capable of being regarded as such, processing must fall wi …","paragraph_id":"para_343"},{"text":"80","paragraph_id":"para_344"},{"text":"Article 6(3) of the GDPR states, inter alia, that the processing referred to in point (c) of the first subparagraph of Article 6(1) of that regulation must be based on EU or Member State law to which the controller is subject, and that that legal basis must meet an objective of public interest and b …","paragraph_id":"para_345"},{"text":"81","paragraph_id":"para_346"},{"text":"It should also be observed that the ground for lawfulness laid down in point (c) of the first subparagraph of Article 6(1) of the GDPR, read in conjunction with Article 6(3) of that regulation, is reflected in Article 17(3)(b) of that regulation, which excludes the right to erasure provided for in A …","paragraph_id":"para_347"},{"text":"82","paragraph_id":"para_348"},{"text":"The Court has already held that, assuming that the processing of the personal data satisfies the ground for lawfulness laid down in point (c) of the first subparagraph of Article 6(1) of the GDPR, that regulation, and in particular the second subparagraph of Article 6(3) thereof, expressly lays down …","paragraph_id":"para_349"},{"text":"83","paragraph_id":"para_350"},{"text":"In that context, it should be recalled that Article 52(1) of the Charter accepts that limitations may be imposed on the exercise of rights such as those set forth in Articles 7 and 8 of the Charter, as long as the limitations are provided for by law, respect the essence of those rights and freedoms …","paragraph_id":"para_351"},{"text":"84","paragraph_id":"para_352"},{"text":"In those circumstances and having regard to the case-law set out in paragraph 64 above, it must be held that, by its fifth and sixth questions, the referring court asks, in essence, whether Article 17(3)(b) of the GDPR, read in conjunction with point (c) of the first subparagraph of Article 6(1) and …","paragraph_id":"para_353"},{"text":"85","paragraph_id":"para_354"},{"text":"It should be noted at the outset that, under Article 1(2) of the GDPR, read in conjunction with recitals 4 and 10, that regulation has the objective in particular of ensuring a high level of protection of the fundamental rights and freedoms of natural persons with respect to the processing of person …","paragraph_id":"para_355"},{"text":"86","paragraph_id":"para_356"},{"text":"In that regard, in accordance with the settled case-law of the Court, any processing of personal data must, first, comply with the principles relating to the processing of data established in Article 5 of the GDPR and, second, in the light, in particular, of the principle of the lawfulness of proces …","paragraph_id":"para_357"},{"text":"87","paragraph_id":"para_358"},{"text":"It should also be recalled that, in accordance with Article 5 of the GDPR, the controller bears the burden of proving that those data are collected, inter alia, for specified, explicit and legitimate purposes, that they are adequate, relevant and limited to what is necessary in relation to the purpo …","paragraph_id":"para_359"},{"text":"88","paragraph_id":"para_360"},{"text":"Furthermore, the justifications provided for in points (b) to (f) of the first subparagraph of Article 6(1) of that regulation, in so far as they allow the processing of personal data carried out in the absence of the data subject’s consent to be made lawful, must be interpreted restrictively (judgment of 4 October 2024, Agentsia po vpisvaniyata, C‑200/23 , EU:C:2024:827 , paragraph  96 and the case-law cited).","paragraph_id":"para_361"},{"text":"89","paragraph_id":"para_362"},{"text":"Although it is for the referring court to determine whether processing such as that at issue in the main proceedings is necessary for compliance with a legal obligation to which the controller is subject, within the meaning of Article 17(3)(b) of the GDPR, read in conjunction with point (c) of the f …","paragraph_id":"para_363"},{"text":"90","paragraph_id":"para_364"},{"text":"As is apparent from the Court’s file and, in particular, from the explanations provided by the Bulgarian Government at the hearing, the storage of the data at issue in the main proceedings is based on several provisions contained in instructions, adopted by the Minister for the Interior on the basis …","paragraph_id":"para_365"},{"text":"91","paragraph_id":"para_366"},{"text":"The question therefore arises as to whether the basis for the processing, for the purposes of Article 6(3) of the GDPR, may be the result of a regulatory act adopted by a public authority of a Member State pursuant to a legal authorisation provided for in a legislative act in order to satisfy the legal obligations of that authority under the latter act.","paragraph_id":"para_367"},{"text":"92","paragraph_id":"para_368"},{"text":"As recital 41 of that regulation states, where it refers to a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by a parliament, without prejudice to obligations provided for under the constitutional order of the Member State concerned. However, such a …","paragraph_id":"para_369"},{"text":"93","paragraph_id":"para_370"},{"text":"In addition, recital 19 of the GDPR specifies that, with regard to the processing of personal data by competent authorities, within the meaning of Directive 2016/680, for purposes falling within the scope of the GDPR, Member States should be able to maintain or introduce more specific provisions to …","paragraph_id":"para_371"},{"text":"94","paragraph_id":"para_372"},{"text":"Consequently, it must be inferred that Article 6(3) of the GDPR does not preclude the legal basis for the processing of personal data from being defined by the public authority responsible for processing in a regulatory act intended to implement the legal obligations imposed on it, for the purposes …","paragraph_id":"para_373"},{"text":"95","paragraph_id":"para_374"},{"text":"In the present case, it is apparent from the Court’s file that instructions of the Minister for the Interior constitute regulatory acts adopted on the basis of the statutory authorisation provided for by the ZMVR and are published in the Bulgarian Official Journal. However, it is still necessary to …","paragraph_id":"para_375"},{"text":"96","paragraph_id":"para_376"},{"text":"In the latter regard, it is apparent from the file submitted to the Court that the instructions of that authority refer, as regards the documents which must be included in the staff member’s personnel file, to documents relating to disciplinary proceedings.","paragraph_id":"para_377"},{"text":"97","paragraph_id":"para_378"},{"text":"It is for the referring court to assess whether, having regard to all the relevant provisions of Bulgarian law, such a reference may be interpreted in a sufficiently clear, precise and foreseeable manner as including the storage of data relating to a criminal investigation in respect of a member of staff, even where that officer has not been accused of or faced criminal charges for the offence concerned and that investigation has not given rise to disciplinary proceedings.","paragraph_id":"para_379"},{"text":"98","paragraph_id":"para_380"},{"text":"If so, it is necessary to consider whether, in accordance with the second subparagraph of Article 6(3) of the GDPR, the legal obligation concerned, in so far as it requires the processing of personal data such as that at issue in the main proceedings, meets an objective of public interest and is proportionate to the legitimate aim pursued.","paragraph_id":"para_381"},{"text":"99","paragraph_id":"para_382"},{"text":"As regards, first, whether the national legislation concerned meets an objective of public interest, the Bulgarian Government maintained, in essence, that there is a public interest in storing data such as those at issue in the main proceedings, having regard to the specific duties of police officers, which consist, in particular, in safeguarding public order and protecting the population.","paragraph_id":"para_383"},{"text":"100","paragraph_id":"para_384"},{"text":"In that regard, it is generally accepted, as the Advocate General observed in point 86 of his Opinion, that the duties of police officers require that they observe strict rules of conduct and, as is apparent from paragraph 45 of the present judgment, in Bulgaria, police officers must satisfy more st …","paragraph_id":"para_385"},{"text":"101","paragraph_id":"para_386"},{"text":"Thus, it may be considered that requiring police officers to meet such criteria falls within the scope of an objective of public interest and, consequently, a legitimate objective, within the meaning of Article 6(3) of the GDPR, namely, in essence, that of ensuring the probity of staff responsible, inter alia, for safeguarding public order and protecting the population.","paragraph_id":"para_387"},{"text":"102","paragraph_id":"para_388"},{"text":"Consequently, such a legitimate objective is capable of justifying the storage, in the personnel file of a police officer, of information relating, inter alia, to his or her status as a suspect in a criminal investigation, where that criminal investigation is ongoing or where that investigation has …","paragraph_id":"para_389"},{"text":"103","paragraph_id":"para_390"},{"text":"By contrast, in a situation such as that at issue in the main proceedings, where the criminal investigation concerning the police officer concerned was ultimately suspended, the identity of the perpetrator of the acts could not be established, and where it was found that there was no evidence of the …","paragraph_id":"para_391"},{"text":"104","paragraph_id":"para_392"},{"text":"Assuming, nevertheless, that the referring court reaches the conclusion that the national legislation at issue in the main proceedings satisfies a legitimate objective, it is also for that court to assess whether the national legislation requiring that processing is proportionate. In particular, as …","paragraph_id":"para_393"},{"text":"105","paragraph_id":"para_394"},{"text":"It should be added that, in so far as Articles 7 to 11 of the GDPR, which appear, like Articles 5 and 6, in Chapter II of that regulation, which relates to ‘principles’, are intended to clarify the scope of the controller’s obligations under Article 5(1)(a) and Article 6(1) of that regulation, the p …","paragraph_id":"para_395"},{"text":"106","paragraph_id":"para_396"},{"text":"The data at issue in the main proceedings constitute personal data ‘relating to criminal convictions and offences or related security measures’, within the meaning of Article 10 of the GDPR, the processing of which is subject to the additional conditions of lawfulness laid down in Article 10 of the …","paragraph_id":"para_397"},{"text":"107","paragraph_id":"para_398"},{"text":"In the present case, as the Advocate General stated in point 98 of his Opinion, the processing at issue in the main proceedings is carried out exclusively within the Ministry of the Interior, which has the status of controller. Consequently, that processing is carried out ‘under the control of official authority’ within the meaning of Article 10 of the GDPR.","paragraph_id":"para_399"},{"text":"108","paragraph_id":"para_400"},{"text":"Lastly, as regards the request for erasure under Article 17 of the GDPR at issue in the main proceedings, it should be noted that, as the European Commission stated, if the referring court were to conclude, following its assessment of the lawfulness of that processing, that that processing is not la …","paragraph_id":"para_401"},{"text":"109","paragraph_id":"para_402"},{"text":"In the light of the foregoing, the answer to the fifth and sixth questions is that Article 17(3)(b) of the GDPR, read in conjunction with point (c) of the first subparagraph of Article 6(1) and Article 6(3) of that regulation and in the light of Article 52(1) of the Charter, must be interpreted as m …","paragraph_id":"para_403"},{"text":"The tenth question","paragraph_id":"para_404"},{"text":"110","paragraph_id":"para_405"},{"text":"In the light of the answers to the first to third and fifth to ninth questions, from which it is apparent that the request for erasure of the data at issue in the main proceedings falls within the scope of the GDPR and, in particular, of Article 17 thereof, there is no need to answer the tenth question, since it concerns the same request, but under Article 16(2) of Directive 2016/680.","paragraph_id":"para_406"},{"text":"The eleventh question","paragraph_id":"para_407"},{"text":"111","paragraph_id":"para_408"},{"text":"By its eleventh question, the referring court asks, in essence, whether Article 1 of Directive 2000/78 must be interpreted as meaning that that directive precludes a public authority, one directorate of which is responsible for conducting criminal investigations of officers employed by that authorit …","paragraph_id":"para_409"},{"text":"112","paragraph_id":"para_410"},{"text":"In that regard, it should be recalled that, as is apparent from Article 1 of Directive 2000/78, the purpose of that directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupati …","paragraph_id":"para_411"},{"text":"113","paragraph_id":"para_412"},{"text":"The refusal of professional advancement based on the status of suspect of a person who has been the subject of a criminal investigation which was ultimately suspended does not, therefore, fall within the scope of Directive 2000/78.","paragraph_id":"para_413"},{"text":"114","paragraph_id":"para_414"},{"text":"Furthermore, as regards discrimination on the basis of the employment relationship itself, the Court has held that such discrimination does not fall within the general framework laid down by Directive 2000/78 (judgment of 9 March 2017, Milkova, C‑406/15 , EU:C:2017:198 , paragraph  44 and the case-law cited).","paragraph_id":"para_415"},{"text":"115","paragraph_id":"para_416"},{"text":"Accordingly, the answer to the eleventh question is that Article 1 of Directive 2000/78 must be interpreted as meaning that that directive is not applicable where a public authority, one directorate of which is responsible for conducting criminal investigations concerning officers employed by that a …","paragraph_id":"para_417"},{"text":"Costs","paragraph_id":"para_418"},{"text":"116","paragraph_id":"para_419"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_420"},{"text":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraph_id":"para_421"},{"text":"1.","paragraph_id":"para_422"},{"text":"Article 2(1) 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), an …","paragraph_id":"para_423"},{"text":"must be interpreted as meaning that that regulation applies to the activity carried out by the directorate of a public authority, consisting in storing in the personnel file of one of its officers data relating to his status as a suspect in a criminal investigation. It is irrelevant in that regard t …","paragraph_id":"para_424"},{"text":"2.","paragraph_id":"para_425"},{"text":"Article 17(3)(b) of Regulation 2016/679, read in conjunction with point (c) of the first subparagraph of Article 6(1)and Article 6(3) thereof, and in the light of Article 52(1) of the Charter of Fundamental Rights of the European Union,","paragraph_id":"para_426"},{"text":"must be interpreted as meaning that the storage, in the personnel file of a police officer, for the purposes of the management of his career and the monitoring of compliance, by that staff member, with the rules inherent in his or her duties, of personal data relating to his or her status as a suspe …","paragraph_id":"para_427"},{"text":"3.","paragraph_id":"para_428"},{"text":"Article 1 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation","paragraph_id":"para_429"},{"text":"must be interpreted as meaning that that directive is not applicable where a public authority, one directorate of which is responsible for conducting criminal investigations concerning officers employed by that authority, refuses, in its capacity as employer, to promote one of its officers on the so …","paragraph_id":"para_430"},{"text":"[Signatures]","paragraph_id":"para_431"},{"text":"(\n *1\n ) Language of the case: Bulgarian.","paragraph_id":"para_432"},{"text":"(\n i\n ) The name of the present case is a fictitious name. 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