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Koalitsia ‘Demokratichna Bulgaria – Оbedinenie’ – CJEU Judgment (European Union, 2022)

CJEU Judgment
Court of Justice of the European Union20 October 2022European Union
final
CJEU Judgment

CJEU judgment — not a DPA enforcement action

This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.

The Court of Justice of the European Union ruled on the legality of national guidelines regarding personal data processing during elections. The case arose from a political party's challenge to the Bulgarian DPA's guidelines on video recording electoral processes. The ruling clarified that GDPR applies to such activities, emphasizing the importance of data protection in electoral contexts.

What happened

The Court ruled on the applicability of GDPR to national election processes and the limitations on video recording during elections.

Who was affected

Political parties and election officials involved in the electoral process in Bulgaria.

What the authority found

The Court held that national guidelines limiting video recording of electoral processes complied with GDPR principles.

Why this matters

This ruling reinforces the application of data protection laws in electoral contexts, ensuring transparency while safeguarding personal data.

GDPR Articles Cited
Automatically processed
Art. 2(2) GDPR
Art. 2(3) GDPR
Art. 5(1)(c) GDPR
Art. 6(1)(e) GDPR
View original scraped data
Art. 2(2)(a) GDPR
Art. 6(1)(e) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityCJEU
Reviewed AuthoritySupreme Administrative Court (Varhoven administrativen sad)

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Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected.

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Full Legal Summary
Detailed

The Bulgarian DPA and the Bulgarian Central Election Commission adopted guidelines on national electoral procedures. The guidelines addressed the problem of the processing of personal data by means of video recording in the context of elections and limited such a processing to specific circumstances. The guidelines are direct implementation of the GDPR. A political party claimed that the guidelines were unlawful, as the GDPR does not apply to national elections, which fall outside the scope of EU law. The Administrative Court of Sofia (Administrativen sad Sofia) annulled some provisions of the guidelines. The Bulgarian DPA and the Bulgarian Central Election Commission appealed before the Supreme Administrative Court (Varhoven administrativen sad). The Supreme Administrative Court referred the case to the CJEU. The CJEU stressed that the only exceptions to the GDPR scope of application are provided by Article 2(2) and (3) of the GDPR. These exceptions shall be interpreted strictly. In particular, Article 2(2)(b) GDPR states that the regulation does not apply to processing activities falling outside the scope of EU law. However, according to the Court, this provision exempts only activities carried out in the context of national security or related purposes. Activities relating to the organisation of elections do not fall within this category. In the merits, the CJEU also addressed the question whether a national DPA could limit or prohibit processing activities such as the filming of electoral process, including the vote count. The Court stated that such processing activities could in principle rely on Article 6(1)(e) GDPR, namely processing carried out in the public interest. However, the Bulgarian DPA, by limiting or prohibiting video-recording of vote count and other electoral processes implemented the principle of data minimisation under Article 5(1)(c) GDPR. In particular, the ban did not impair the public interest objective, which was to guarantee transparency (and thus lawfulness) of electoral processes. As a matter of fact, the guidelines did not prevent people from being present during the vote count, but only from recording it.

Outcome

CJEU Case

A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.

Related Cases (0)

No other cases found for Koalitsia ‘Demokratichna Bulgaria – Оbedinenie’ in EU

This is the only recorded case for this entity in this jurisdiction.

Details

Judgment Date

20 October 2022

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Koalitsia ‘Demokratichna Bulgaria – Оbedinenie’ - European Union (2022). Retrieved from cookiefines.eu

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