{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-371-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-371-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-23","fingerprint":"ewai:eu:b67bfc","proof":"sha256:0dd5e7be5347bf864d7b9a60a37c291b54c8124f90aacb61170e9a062c236131","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-371-24","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":"Provisional text","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraphs":[]},{"title":"19 March 2026 ( * )","paragraphs":["para_4"]},{"title":"In Case C‑371/24 [Comdribus], ( i )","paragraphs":["para_6"]},{"title":"HW","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":["para_25","para_26"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":["para_29","para_30","para_31","para_32"]},{"title":"5         Under Article 3 of that directive, entitled ‘Definitions’:","paragraphs":["para_34","para_35","para_36","para_37"]},{"title":"(7)      “competent authority” means:","paragraphs":["para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46","para_47"]},{"title":"(a)      processed lawfully and fairly;","paragraphs":["para_49","para_50","para_51","para_52"]},{"title":"7         Article 8 of that directive, entitled ‘Lawfulness of processing’, provides:","paragraphs":["para_54","para_55","para_56","para_57"]},{"title":"(a)      where authorised by Union or Member State law;","paragraphs":["para_59","para_60","para_61","para_62"]},{"title":"French law","paragraphs":["para_64","para_65","para_66","para_67"]},{"title":"The main proceedings and the questions referred","paragraphs":["para_69","para_70","para_71","para_72","para_73","para_74","para_75","para_76","para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84","para_85"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"The first question","paragraphs":["para_88","para_89","para_90","para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103","para_104","para_105","para_106","para_107","para_108","para_109","para_110","para_111","para_112","para_113","para_114","para_115","para_116","para_117","para_118","para_119","para_120"]},{"title":"The second question","paragraphs":["para_122"]},{"title":"Admissibility","paragraphs":["para_124","para_125","para_126","para_127","para_128","para_129","para_130","para_131"]},{"title":"Substance","paragraphs":["para_133","para_134","para_135","para_136","para_137","para_138","para_139","para_140","para_141","para_142","para_143","para_144"]},{"title":"The third question","paragraphs":["para_146"]},{"title":"Admissibility","paragraphs":["para_148","para_149","para_150"]},{"title":"Substance","paragraphs":["para_152","para_153","para_154","para_155","para_156","para_157","para_158","para_159","para_160","para_161","para_162","para_163"]},{"title":"Costs","paragraphs":["para_165"]},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_167","para_168","para_169","para_170","para_171","para_172","para_173","para_174","para_175"]}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"19 March 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data for the purpose of combating criminal offences – Directive (EU) 2016/680 – Article 10 – Processing of special categories of personal data – Collection of biometric data – Taking of fin …","paragraph_id":"para_4"},{"text":"In Case C‑371/24 [Comdribus], ( i )","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the cour d’appel de Paris (Court of Appeal, Paris, France), made by decision of 26 April 2024, received at the Court on 24 May 2024, in the criminal proceedings against","paragraph_id":"para_6"},{"text":"HW","paragraph_id":"para_7"},{"text":"interested party:","paragraph_id":"para_8"},{"text":"Ministère public,","paragraph_id":"para_9"},{"text":"THE COURT (Fifth Chamber),","paragraph_id":"para_10"},{"text":"composed of M.L. Arastey Sahún, President of the Chamber, K. Lenaerts, President of the Court, acting as Judge of the Fifth Chamber, J. Passer, E. Regan (Rapporteur) and D. Gratsias, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: M. Szpunar,","paragraph_id":"para_12"},{"text":"Registrar: E. Sartori, Administrator,","paragraph_id":"para_13"},{"text":"having regard to the written procedure and further to the hearing on 30 April 2025,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–        HW, by A. Baudelin, avocat,","paragraph_id":"para_16"},{"text":"–        the French Government, by R. Bénard, B. Dourthe, F. du Couëdic and B. Fodda, acting as Agents,","paragraph_id":"para_17"},{"text":"–        the Czech Government, by L. Březinová and J. Vláčil, acting as Agents,","paragraph_id":"para_18"},{"text":"–        Ireland, by M. Browne, Chief State Solicitor, by A. Burke and A. Joyce, acting as Agents, and by A. Thuillier, Barrister-at-Law,","paragraph_id":"para_19"},{"text":"–        the Polish Government, by B. Majczyna, acting as Agent,","paragraph_id":"para_20"},{"text":"–        the European Commission, by A. Bouchagiar, H. Kranenborg and M. Wasmeier, acting as Agents,","paragraph_id":"para_21"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 1 August 2025,","paragraph_id":"para_22"},{"text":"gives the following","paragraph_id":"para_23"},{"text":"Judgment","paragraph_id":"para_24"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Article 4(1)(a) to (c) and Articles 8 and 10 of Directive (EU) 2016/680 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 by …","paragraph_id":"para_25"},{"text":"2         The request has been made in criminal proceedings brought against HW, at the end of which he was sentenced to a fine on account of his refusal to consent to procedures for the gathering of identification data by the taking of fingerprints and of photographs, even though he was acquitted of the offence that formed the basis of those procedures.","paragraph_id":"para_26"},{"text":"Legal context","paragraph_id":"para_27"},{"text":"European Union law","paragraph_id":"para_28"},{"text":"3         Article 1 of Directive 2016/680, entitled ‘Subject matter and objectives’, provides, in paragraph 1 thereof:","paragraph_id":"para_29"},{"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_30"},{"text":"4         Article 2 of that directive, which is entitled ‘Scope’, provides, in paragraph 1 thereof:","paragraph_id":"para_31"},{"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_32"},{"text":"5         Under Article 3 of that directive, entitled ‘Definitions’:","paragraph_id":"para_33"},{"text":"‘For the purposes of this Directive:","paragraph_id":"para_34"},{"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_35"},{"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_36"},{"text":"…","paragraph_id":"para_37"},{"text":"(7)      “competent authority” means:","paragraph_id":"para_38"},{"text":"(a)      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_39"},{"text":"(b)      any other body or entity entrusted by Member State law to exercise public authority and public powers 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_40"},{"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_41"},{"text":"…","paragraph_id":"para_42"},{"text":"(12)      “genetic data” means personal data, relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;","paragraph_id":"para_43"},{"text":"(13)      “biometric data” means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;","paragraph_id":"para_44"},{"text":"…’","paragraph_id":"para_45"},{"text":"6         Article 4 of Directive 2016/680, entitled ‘Principles relating to processing of personal data’, states:","paragraph_id":"para_46"},{"text":"‘1.      Member States shall provide for personal data to be:","paragraph_id":"para_47"},{"text":"(a)      processed lawfully and fairly;","paragraph_id":"para_48"},{"text":"(b)      collected for specified, explicit and legitimate purposes and not processed in a manner that is incompatible with those purposes;","paragraph_id":"para_49"},{"text":"(c)      adequate, relevant and not excessive in relation to the purposes for which they are processed;","paragraph_id":"para_50"},{"text":"…","paragraph_id":"para_51"},{"text":"4.      The controller shall be responsible for, and be able to demonstrate compliance with, paragraphs 1, 2 and 3.’","paragraph_id":"para_52"},{"text":"7         Article 8 of that directive, entitled ‘Lawfulness of processing’, provides:","paragraph_id":"para_53"},{"text":"‘1.      Member States shall provide for processing to be lawful only if and to the extent that processing is necessary for the performance of a task carried out by a competent authority for the purposes set out in Article 1(1) and that it is based on Union or Member State law.","paragraph_id":"para_54"},{"text":"2.      Member State law regulating processing within the scope of this Directive shall specify at least the objectives of processing, the personal data to be processed and the purposes of the processing.’","paragraph_id":"para_55"},{"text":"8         Under Article 10 of that directive, entitled ‘Processing of special categories of personal data’:","paragraph_id":"para_56"},{"text":"‘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 …","paragraph_id":"para_57"},{"text":"(a)      where authorised by Union or Member State law;","paragraph_id":"para_58"},{"text":"(b)      to protect the vital interests of the data subject or of another natural person; or","paragraph_id":"para_59"},{"text":"(c)      where such processing relates to data which are manifestly made public by the data subject.’","paragraph_id":"para_60"},{"text":"9         Article 54 of that directive, entitled ‘Right to an effective judicial remedy against a controller or processor’, provides:","paragraph_id":"para_61"},{"text":"‘Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 52, Member States shall provide for the right of a data subject to an effective judicial remedy where he or she considers that his or h …","paragraph_id":"para_62"},{"text":"French law","paragraph_id":"para_63"},{"text":"10       Under Article 55-1 of the code de procédure pénale (Code of Criminal Procedure), in the version applicable to the facts of the main proceedings:","paragraph_id":"para_64"},{"text":"‘A senior police officer may carry out, or supervise, the procedures for the taking of non-intimate samples, … from any person reasonably suspected on one or more grounds of having committed or attempted to commit an offence, that are necessary for the purpose of conducting technical and scientific tests to compare them with traces or evidence obtained for the purposes of the investigation.","paragraph_id":"para_65"},{"text":"That officer shall carry out, or supervise, the procedures for the gathering of identification data, in particular the taking of fingerprints, palm prints or photographs, that are necessary for the purposes of entry into and consultation of police databases, in accordance with the rules applicable to each of those databases.","paragraph_id":"para_66"},{"text":"The refusal, by a person reasonably suspected on one or more grounds of having committed or attempted to commit an offence, to consent to the procedures referred to in the first and second paragraphs, ordered by the senior police officer, shall be punished by a term of imprisonment of one year and a fine of EUR 15 000.’","paragraph_id":"para_67"},{"text":"The main proceedings and the questions referred","paragraph_id":"para_68"},{"text":"11       On 30 May 2020, more than a hundred climate activists occupied the Avenue des Champs-Élysées in Paris (France). Intervening to disperse them, law enforcement officers detained several people, including HW, for organising a demonstration without giving notice and for disobedience. HW was int …","paragraph_id":"para_69"},{"text":"12       On 1 June 2020, at the end of his police custody, HW was brought before a Procureur de la République (public prosecutor, France), and subsequently before a juge des libertés et de la détention (liberties and detention judge, France), who placed HW under judicial supervision and informed him that he would have to appear before the tribunal correctionnel de Paris (Criminal Court, Paris, France). HW was accused of:","paragraph_id":"para_70"},{"text":"–        first, having organised, on 30 May 2020 in Paris, a demonstration on a public road without giving prior notice under the conditions established by law, in the present case, in particular, by urging on the participants and by giving them instructions not to show their identity documents and not to comply with the orders of law enforcement officers by creating a human chain, instructions which the other demonstrators immediately followed;","paragraph_id":"para_71"},{"text":"–        second, having refused, on 31 May 2020 in Paris, in full knowledge of a decryption key for a cryptographic device likely to have been used to prepare, facilitate or commit a crime or other offence, to reveal or activate that key further to a judicial request in the context of a preliminary, on-the-spot or judicial investigation, in the present case by refusing to provide the codes for his phone;","paragraph_id":"para_72"},{"text":"–        third, having refused, on 30 May 2020 in Paris, although he was reasonably suspected on one or more grounds of having committed or attempted to commit an offence, to consent to the gathering of identification data, in particular by the taking of fingerprints, palm prints or photographs for the purposes of entry into and consultation of police databases, in accordance with the rules applicable to each of those databases.","paragraph_id":"para_73"},{"text":"13       By judgment of 8 September 2021, the tribunal correctionnel de Paris (Criminal Court, Paris) acquitted HW of the first two offences referred to in the preceding paragraph. By contrast, it found him guilty of the third offence referred to above, and, accordingly, sentenced HW to a fine of EUR 300.","paragraph_id":"para_74"},{"text":"14       HW and the ministère public (Public Prosecutor’s Office, France) each brought an appeal against that judgment before the cour d’appel de Paris (Court of Appeal, Paris, France), which is the referring court.","paragraph_id":"para_75"},{"text":"15       The referring court recalls that, in the judgment of 26 January 2023, Ministerstvo na vatreshnite raboti (Recording of biometric and genetic data by the police) (C‑205/21, EU:C:2023:49, paragraph 135), the Court of Justice held that Article 10 of Directive 2016/680, read in conjunction with …","paragraph_id":"para_76"},{"text":"16       The referring court considers that, notwithstanding that judgment, certain questions remain as regards the interpretation of those provisions of Directive 2016/680, in particular with regard to the differences between the national legislation at issue in the case which led to that judgment and Article 55-1 of the Code of Criminal Procedure.","paragraph_id":"para_77"},{"text":"17       In the first place, according to the referring court, the findings made by the Court of Justice in that judgment apply to criminal procedures in which there is systematic collection of the biometric and genetic data of any person against whom there is sufficient evidence of the commission o …","paragraph_id":"para_78"},{"text":"18       In the second place, the referring court states that, although asked about the obligation, on the part of the competent authority, to provide a sufficient statement of reasons, in the light of the requirements arising from that directive, for the necessity of the collection of biometric and …","paragraph_id":"para_79"},{"text":"19       In the third place, the referring court states that Article 55-1 of the Code of Criminal Procedure raises an additional, novel question having regard to EU law. According to the third paragraph of that provision, the refusal to consent to a procedure for the gathering of identification data …","paragraph_id":"para_80"},{"text":"20       According to the referring court, the answer to those questions is decisive for the outcome of the dispute in the main proceedings, since HW was convicted solely of the offence of refusing to consent to the gathering of identification data, whereas he was acquitted of the main offence that …","paragraph_id":"para_81"},{"text":"21       In those circumstances the cour d’appel de Paris (Court of Appeal, Paris) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_82"},{"text":"‘(1)      Is Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 … of that directive, to be interpreted as precluding national legislation, such as Article 55-1 of the … Code of Criminal Procedure, which provides for the systematic gathering of identification data (fingerprints and photographs) from persons who are suspected on one or more grounds of having committed or attempted to commit an offence?","paragraph_id":"para_83"},{"text":"(2)      Is Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 … of that directive, to be interpreted as precluding national legislation, such as Article 55-1 of the … Code of Criminal Procedure, which does not impose on the competent authority an obligation to provide, in each individual case, a sufficient statement of reasons as to why it is strictly necessary to gather identification data?","paragraph_id":"para_84"},{"text":"(3)      Is Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 … of that directive, to be interpreted as precluding national legislation, such as Article 55-1 of the … Code of Criminal Procedure, which allows the prosecution and conviction on a [stand-alo …","paragraph_id":"para_85"},{"text":"Consideration of the questions referred","paragraph_id":"para_86"},{"text":"The first question","paragraph_id":"para_87"},{"text":"22       By its first question, the referring court asks, in essence, whether Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 thereof, must be interpreted as precluding national legislation which provides for the systematic collection of the biometric data of any person reasonably suspected on one or more grounds of having committed or attempted to commit a criminal offence.","paragraph_id":"para_88"},{"text":"23       It must be borne in mind at the outset that Article 10 of that directive is a specific provision which, as regards certain categories of personal data, such as biometric or genetic data, seeks to ensure their enhanced protection by establishing strengthened conditions for the lawful process …","paragraph_id":"para_89"},{"text":"24       Article 10 of that directive provides, as regards personal data that fall into one of the categories exhaustively listed in that article (‘sensitive personal data’), which include biometric and genetic data, that their processing must satisfy, in addition to the condition of being covered b …","paragraph_id":"para_90"},{"text":"25       As regards that latter condition, since Article 10 of Directive 2016/680 constitutes a special form of implementation, applicable to sensitive personal data, of the principles set out in Articles 4 and 8 of that directive, which must be observed by any data processing falling within the dir …","paragraph_id":"para_91"},{"text":"26       It follows, first, that the scope of the ‘strictly necessary’ condition within the meaning of Article 10 of Directive 2016/680 must be determined, in accordance with Article 4(1)(b) of that directive, in the light of the purposes of the collection of the personal data at issue, which must b …","paragraph_id":"para_92"},{"text":"27       Second, the scope of that condition must, in the light of Article 4(1)(a) of Directive 2016/680, be determined having regard to Article 8(1) of that directive, under which Member States must provide, in particular, for processing to be lawful only if and to the extent that processing is nec …","paragraph_id":"para_93"},{"text":"28       In the light of those principles arising from Article 4(1)(a) to (c) and Article 8 of Directive 2016/680, the ‘strictly necessary’ condition within the meaning of Article 10 of that directive, which establishes strengthened conditions for the lawful processing of sensitive data compared wit …","paragraph_id":"para_94"},{"text":"29       Thus, the purposes of processing sensitive personal data, such as the collection of biometric and genetic data, cannot be indicated in terms that are too general, but have to be defined sufficiently precisely and specifically to enable assessment of whether that processing is ‘strictly nece …","paragraph_id":"para_95"},{"text":"30       In that regard, while Directive 2016/680 does not define the concept of ‘purposes of the processing’, it may be noted that, as is clear from paragraph 27 above, Article 8(2) of that directive expressly distinguishes that concept from that of ‘objectives of processing’ (see, to that effect, judgment of 20 November 2025, Policejní prezidium (Storage of biometric and genetic data) , C‑57/23, EU:C:2025:905, paragraph 80).","paragraph_id":"para_96"},{"text":"31       The Court has previously held that the concept of ‘objectives of processing’ within the meaning of Article 8(2) of Directive 2016/680 refers to the more general objectives, stated in Article 1(1) of Directive 2016/680, that the processing must pursue to be within the scope of that directive …","paragraph_id":"para_97"},{"text":"32       In the second place, the ‘strictly necessary’ condition within the meaning of Article 10 of Directive 2016/680 entails particularly strict checking as to whether the principle of minimisation of the processing of the data concerned, set out in Article 4(1)(c) of that directive, is observed, …","paragraph_id":"para_98"},{"text":"33       In the third place, having regard to the significant risks that the processing of sensitive personal data poses to the rights and freedoms of data subjects, in particular in the context of the tasks of the competent authorities for the purposes set out in Article 1(1) of Directive 2016/680, …","paragraph_id":"para_99"},{"text":"34       In the fourth place, as regards the collection of biometric and genetic data of persons accused or suspected of having committed an intentional criminal offence for the purposes of future identification and comparison of those persons, it is clear from the case-law of the Court that the str …","paragraph_id":"para_100"},{"text":"35       Consequently, while a Member State may comply with Directive 2016/680 either by delegating to the competent authorities the responsibility of ensuring, in each individual case, that for all processing of sensitive personal data the condition that that processing is ‘strictly necessary’, wit …","paragraph_id":"para_101"},{"text":"36       Thus, in the light of all those requirements, the Court has found that national legislation which provides for the systematic collection of the biometric and genetic data of any person accused of an intentional offence subject to public prosecution in order for them to be entered in a recor …","paragraph_id":"para_102"},{"text":"37       In the present case, Article 55-1 of the Code of Criminal Procedure, in so far as it provides, in essence, that the senior police officer is to carry out, or supervise, the procedures for the gathering of identification data, in particular the taking of fingerprints and of photographs, from …","paragraph_id":"para_103"},{"text":"38       As is apparent from the wording of Article 55-1 of the Code of Criminal Procedure and as the French Government confirmed in its written observations, the purpose of that collection of biometric data is to enable a comparison of the biometric data of a person who is the subject of a criminal …","paragraph_id":"para_104"},{"text":"39       As the Advocate General stated, in essence, in points 52 to 54 of his Opinion, the data thus collected appear, in the light of those specific and concrete purposes, to be adequate and relevant, within the meaning of Article 4(1)(c) of that directive, provided that those purposes are defined …","paragraph_id":"para_105"},{"text":"40       Nevertheless, it should be stated that the scope of the collection of biometric data, as defined in Article 55-1 of the Code of Criminal Procedure, appears to be particularly broad, since it concerns all persons reasonably suspected on one or more grounds of having committed or attempted to commit a criminal offence.","paragraph_id":"para_106"},{"text":"41       The mere fact that a person is reasonably suspected on one or more grounds of having committed or attempted to commit a criminal offence cannot be regarded as a factor that in itself enables it to be presumed that the collection of his or her biometric data is strictly necessary in the ligh …","paragraph_id":"para_107"},{"text":"42       First, it cannot be ruled out that, in certain cases, the collection of biometric data will, notwithstanding the existence of one or more reasonable grounds for suspecting that the data subject has committed or attempted to commit a criminal offence, not reflect any specific necessity for t …","paragraph_id":"para_108"},{"text":"43       Second, the possibility that the collection of the biometric data of a person suspected of having committed or attempted to commit a criminal offence may be strictly necessary in the investigation against him or her or in other ongoing or future criminal procedures must be assessed in accordance with the case-law recalled in paragraph 34 above, in the light of all the relevant factors.","paragraph_id":"para_109"},{"text":"44       As is apparent from the very wording of the first question, the referring court starts from the premiss that Article 55-1 of the Code of Criminal Procedure provides for the systematic collection of the biometric data of any person reasonably suspected on one or more grounds of having commit …","paragraph_id":"para_110"},{"text":"45       It should be noted, however, that the French Government disputes that interpretation of national law by the referring court.","paragraph_id":"para_111"},{"text":"46       First, according to the French Government, it is apparent from the word ‘may’, used in the first paragraph of Article 55-1 of the Code of Criminal Procedure, that the senior police officer has discretion to carry out procedures for the taking of non-intimate samples that are ‘necessary’ for the purposes of the investigation, within the meaning of that provision.","paragraph_id":"para_112"},{"text":"47       Second, the French Government submits that it follows also from the very wording of the second paragraph of Article 55-1 of that code that the implementation of the procedures for the gathering of identification data, in particular dactyloscopic and photographic data, that are laid down by …","paragraph_id":"para_113"},{"text":"48       Furthermore, the French Government claims that while it is true that the ‘strictly necessary’ condition within the meaning of Article 10 of Directive 2016/680 is not referred to in Article 55-1 of the Code of Criminal Procedure, it is nevertheless expressly set out in the national legislati …","paragraph_id":"para_114"},{"text":"49       In that regard, it should be recalled that 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 ju …","paragraph_id":"para_115"},{"text":"50       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 critic …","paragraph_id":"para_116"},{"text":"51       In those circumstances, assuming that, as the referring court states, Article 55-1 of the Code of Criminal Procedure had to be interpreted as rendering systematic the procedures for the gathering of identification data, in particular dactyloscopic and photographic data, from any person reas …","paragraph_id":"para_117"},{"text":"52       That said, having regard, in particular, to the information referred to in paragraphs 46 to 48 above, it is for the referring court, first, to verify whether the national legislation at issue in the main proceedings requires the police authority systematically to carry out that collection, without that authority being in a position to assess, in each individual case, whether that collection is ‘strictly necessary’ within the meaning of Article 10.","paragraph_id":"para_118"},{"text":"53       Second, the referring court must also satisfy itself, having regard, in particular, to the claim made by HW both in the main proceedings and in his written observations, referred to also in the grounds of the order for reference, that the automated fingerprint database contains records of t …","paragraph_id":"para_119"},{"text":"54       Consequently, the answer to the first question is that Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 of that directive, must be interpreted as precluding national legislation which provides for the systematic collection of the biometric data …","paragraph_id":"para_120"},{"text":"The second question","paragraph_id":"para_121"},{"text":"55       By its second question, the referring court asks, in essence, whether Article 10 of Directive 2016/680 must be interpreted as precluding national legislation which does not lay down an obligation on the part of the competent authority to provide a sufficient statement of reasons, in each in …","paragraph_id":"para_122"},{"text":"Admissibility","paragraph_id":"para_123"},{"text":"56       The French Government submits that the question is inadmissible. According to it, it is apparent from the request for a preliminary ruling that the reasons which led the referring court to ask that question concern the authority which must ensure review of compliance with the ‘strictly nece …","paragraph_id":"para_124"},{"text":"57       In that regard, it should be borne in mind that, according to settled case-law, 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 …","paragraph_id":"para_125"},{"text":"58       The Court may refuse to rule on a question referred by a national court for a preliminary ruling only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or whe …","paragraph_id":"para_126"},{"text":"59       In the present case, it should be noted that, as is clear from paragraph 18 above, the referring court expressly asks, in the grounds of its request for a preliminary ruling, whether the ‘requirement to provide a sufficient statement of reasons’ as to why it is ‘strictly necessary’, within …","paragraph_id":"para_127"},{"text":"60       It thus appears that, contrary to what the French Government maintains, the referring court is not merely uncertain about the authority that is responsible for reviewing whether such collection is ‘strictly necessary’ within the meaning of Article 10 of that directive, but also seeks to clarify the scope of the obligation to state reasons, in particular as regards whether such reasons are sufficient, which might, as the case may be, be incumbent on that authority.","paragraph_id":"para_128"},{"text":"61       In those circumstances, it cannot be stated that the interpretation of EU law sought bears no relation to the actual facts of the main action or its purpose or that it relates to a hypothetical problem.","paragraph_id":"para_129"},{"text":"62       As regards the grounds on which EU law requires the competent authority to state reasons as to why it is ‘strictly necessary’, within the meaning of Article 10 of that directive, to collect biometric data, which are, according to the French Government, not set out in the order for reference, it is sufficient to note that such grounds concern the substance of the answer to be given to the second question and not the admissibility of that question.","paragraph_id":"para_130"},{"text":"63       It follows that that second question is admissible.","paragraph_id":"para_131"},{"text":"Substance","paragraph_id":"para_132"},{"text":"64       As is apparent from paragraph 24 above, Article 10 of Directive 2016/680 provides that the processing of sensitive personal data, such as the collection of biometric data, must satisfy, in addition to the condition that the envisaged processing must be ‘strictly necessary’, the condition, inter alia, that there must be ‘appropriate safeguards’ for the rights and freedoms of the data subject.","paragraph_id":"para_133"},{"text":"65       As regards that latter condition, it must be noted that Article 54 of that directive, which gives expression to Article 47 of the Charter, expressly requires Member States to provide that, where a person considers that his or her rights laid down in the provisions adopted pursuant to that d …","paragraph_id":"para_134"},{"text":"66       In that regard, it is clear also from the Court’s case-law that the right to an effective judicial remedy, guaranteed in Article 47 of the Charter, requires, in principle, that the person concerned must be able to ascertain the reasons forming the basis of a decision taken in relation to hi …","paragraph_id":"para_135"},{"text":"67       Although that right is not an absolute right and, in accordance with Article 52(1) of the Charter, limitations may be placed upon it, that is on condition that those limitations are provided for by law, they respect the essence of the rights and freedoms at issue and, in compliance with the …","paragraph_id":"para_136"},{"text":"68       It is therefore for the competent authority, authorised by national law to collect biometric data where it is ‘strictly necessary’, within the meaning of Article 10 of Directive 2016/680, to provide data subjects, in the context of the applicable national procedures, with the grounds on whi …","paragraph_id":"para_137"},{"text":"69       Those considerations are not called into question by the arguments of the governments which have participated in the present preliminary ruling procedure.","paragraph_id":"para_138"},{"text":"70       First of all, such an obligation, on the part of the competent authority, to state reasons as to why it is ‘strictly necessary’, within the meaning of Article 10, to collect the biometric data of a person who is the subject of a criminal investigation is in no way capable of compromising that investigation. Such a statement of reasons may be succinct, provided that it is sufficiently clear in order to allow the data subject to exercise his or her right to a remedy.","paragraph_id":"para_139"},{"text":"71       Next, such an obligation to state reasons is all the more important since, as is clear, in particular, from paragraphs 25 to 36 above, the competent authority must, in accordance with Article 10 of the directive, assess, in each individual case, whether that collection is ‘strictly necessar …","paragraph_id":"para_140"},{"text":"72       That interpretation is borne out, as the European Commission has correctly stated, by Article 4(4) of Directive 2016/680, which requires the competent authority collecting biometric data, as a ‘controller’ within the meaning of Article 3(8) of that directive, to be able to demonstrate compl …","paragraph_id":"para_141"},{"text":"73       It follows that the existence of judicial review of the lawfulness of the collection of biometric data by the ‘competent authority’, as defined in Article 3(7) of Directive 2016/680, cannot, in any event, compensate for the absence of an obligation on the part of that authority to state the …","paragraph_id":"para_142"},{"text":"74       Lastly, it must be stated that the obligation, on the part of the competent authority, to state the reasons why the collection of biometric data is ‘strictly necessary’ within the meaning of Article 10 of Directive 2016/680, cannot, as the Advocate General observed in point 81 of his Opinio …","paragraph_id":"para_143"},{"text":"75       Consequently, the answer to the second question is that Article 10 of Directive 2016/680, read in conjunction with Article 4(4) and Article 54 of that directive and in the light of Article 47 of the Charter, must be interpreted as precluding national legislation which does not lay down an o …","paragraph_id":"para_144"},{"text":"The third question","paragraph_id":"para_145"},{"text":"76       By its third question, the referring court asks, in essence, whether Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 thereof, must be interpreted as precluding national legislation which allows a person to be prosecuted for and convicted of a …","paragraph_id":"para_146"},{"text":"Admissibility","paragraph_id":"para_147"},{"text":"77       The French Government is uncertain of the admissibility of that question. According to that government, that question relates to the lawfulness of the specific criminal offence provided for in the third paragraph of Article 55-1 of the Code of Criminal Procedure, which criminalises and pena …","paragraph_id":"para_148"},{"text":"78       However, it is sufficient to recall in that regard that, according to settled case-law, where it is not obvious that the interpretation of an act of EU law bears no relation to the facts of the dispute in the main proceedings or its purpose, as is the case of Directive 2016/680 here, the ob …","paragraph_id":"para_149"},{"text":"79       Consequently, the third question must be deemed admissible.","paragraph_id":"para_150"},{"text":"Substance","paragraph_id":"para_151"},{"text":"80       In order to answer that third question, it is necessary to examine, as a first step, whether national legislation which, like the third paragraph of Article 55-1 of the Code of Criminal Procedure, allows a person to be prosecuted for and convicted of a specific criminal offence penalising t …","paragraph_id":"para_152"},{"text":"81       As regards, in the first place, the scope of that directive, it should be borne in mind that, in accordance with Article 2(1) thereof, that directive applies to the processing of personal data by competent authorities for the purposes set out in Article 1(1) thereof, that is to say, inter alia, the purposes of the prevention, investigation, detection or prosecution of criminal offences.","paragraph_id":"para_153"},{"text":"82       It is clear from the Court’s case-law that the attempt by the competent authority to process personal data, such as that taking place where the data subject refuses the collection of his or her biometric data, for the purposes of the prevention, investigation, detection or prosecution of cr …","paragraph_id":"para_154"},{"text":"83       It follows that, as the Advocate General observed in point 99 of his Opinion, where that refusal exposes that person, under national law, to the imposition of a criminal penalty for a specific offence relating to that refusal, compliance of the envisaged collection of biometric data with th …","paragraph_id":"para_155"},{"text":"84       Consequently, national legislation which, like the third paragraph of Article 55-1 of the Code of Criminal Procedure, allows the prosecution and conviction, in respect of a specific criminal offence, of a person who has refused to have his or her biometric data collected, even though that person has not been prosecuted for or convicted of the criminal offence that formed the basis of that collection, falls within the scope of that directive.","paragraph_id":"para_156"},{"text":"85       As regards, in the second place, the question whether the provisions of Directive 2016/680 preclude such national legislation, it should be stated that, in so far as compliance of the envisaged collection of biometric data with those provisions amounts, as is clear from paragraph 83 above, …","paragraph_id":"para_157"},{"text":"86       In that regard, as is clear from the case-law recalled in paragraphs 34 and 43 above, the possibility that the envisaged collection of biometric data may be strictly necessary, within the meaning of that directive, must be assessed in the light of all the relevant factors at the time the co …","paragraph_id":"para_158"},{"text":"87       Thus, the Court has previously stated that the mere fact that collection of the biometric data of a person who is accused of a criminal offence takes place before he or she has been convicted by final judgment is not sufficient to exclude that collection from being regarded as ‘strictly nec …","paragraph_id":"para_159"},{"text":"88       That said, it is important to point out that, since such a criminal penalty, for a specific offence penalising a person’s refusal to allow the collection of his or her biometric data, falls within the scope of EU law, it must observe the general principles of EU law, which include the princ …","paragraph_id":"para_160"},{"text":"89       The principle of proportionality requires, first, that the penalty imposed corresponds to the seriousness of the offence and, second, that the individual circumstances of the particular case are taken into account in determining the penalty and fixing the amount of the fine (judgment of 4 October 2018, Link Logistik N&N , C‑384/17, EU:C:2018:810, paragraph 45).","paragraph_id":"para_161"},{"text":"90       In that regard, as the Advocate General stated, in essence, in points 109 to 112 of his Opinion, it is for the national court having jurisdiction to impose a criminal penalty in respect of a specific offence penalising a person’s refusal to allow the collection of his or her biometric data …","paragraph_id":"para_162"},{"text":"91       Consequently, the answer to the third question is that Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 thereof and in the light of Article 49(3) of the Charter, must be interpreted as not precluding national legislation which allows a person t …","paragraph_id":"para_163"},{"text":"Costs","paragraph_id":"para_164"},{"text":"92       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_165"},{"text":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraph_id":"para_166"},{"text":"1.       Article 10 of Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of cr …","paragraph_id":"para_167"},{"text":"must be interpreted as precluding national legislation which provides for the systematic collection of the biometric data of any person reasonably suspected on one or more grounds of having committed or attempted to commit a criminal offence, unless it is established, first, that the national law de …","paragraph_id":"para_168"},{"text":"2.       Article 10 of Directive 2016/680, read in conjunction with Article 4(4) and Article 54 of that directive and in the light of Article 47 of the Charter of Fundamental Rights of the European Union,","paragraph_id":"para_169"},{"text":"must be interpreted as precluding national legislation which does not lay down an obligation on the part of the competent authority to provide a sufficient statement of reasons, in each individual case, as to why it is ‘strictly necessary’, within the meaning of that provision, to collect the biometric data of a person reasonably suspected on one or more grounds of having committed or attempted to commit a criminal offence.","paragraph_id":"para_170"},{"text":"3.       Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8 of that directive and in the light of Article 49(3) of the Charter of Fundamental Rights,","paragraph_id":"para_171"},{"text":"must be interpreted as not precluding national legislation which allows a person to be prosecuted for and convicted of a specific criminal offence penalising that person’s refusal to allow the collection of his or her biometric data, even though that person has not been prosecuted for or convicted o …","paragraph_id":"para_172"},{"text":"[Signatures]","paragraph_id":"para_173"},{"text":"*       Language of the case: French.","paragraph_id":"para_174"},{"text":"i       The name of the present case is a fictitious name. 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