CJEU – X, Z v Autoriteit Persoonsgegevens – C-245/20

Questions referred

  1. Is Article 55(3) GDPR to be interpreted as meaning that ‘processing operations of courts acting in their judicial capacity’ can be understood to mean the provision by a judicial authority of access to procedural documents containing personal data, where such access is granted by making copies of those procedural documents available to a journalist, as described in the present order for reference?
    1. In answering that question, is it relevant whether the national supervisory authority’s supervision of that form of data processing affects independent judicial decisions in specific cases?
    2. In answering that question, is it relevant that, according to the judicial authority, the nature and purpose of the data processing is to inform a journalist in order to enable the journalist to better report on a public hearing in court proceedings, thereby serving the interests of openness and transparency in the administration of justice?
    3. In answering that question, is it relevant whether there is any express legal basis for such data processing under national law?

Questions answered

Article 55(3) GDPR must be interpreted as meaning that the fact that a court makes temporarily available to journalists documents from court proceedings containing personal data in order to enable them better to report on the course of those proceedings falls within the exercise, by that court, of its ‘judicial capacity’, within the meaning of that provision.