Michael Schwarz – CJEU Judgment (European Union, 2013)
CJEU precedent (Directive 95/46/EC, pre-GDPR)
This is a Court of Justice judgment predating the GDPR. It interprets Directive 95/46/EC (the Data Protection Directive). It is not a cookie or ePrivacy case and is excluded from cookie statistics and the Risk Calculator.
The Court of Justice of the European Union ruled that taking fingerprints for passports is allowed under EU law. They found that while fingerprints are personal data, the requirement is justified to prevent passport fraud. This decision affects how countries collect and use biometric data.
What happened
The court ruled that collecting fingerprints for passports is justified under EU law.
Who was affected
Individuals applying for passports who are required to provide fingerprints.
What the authority found
The court decided that while fingerprints are personal data, collecting them for passports is justified to prevent fraud and illegal entry.
Why this matters
This ruling shows that biometric data collection can be justified for security reasons, even if it impacts personal privacy. It highlights the balance between privacy rights and security needs, which is crucial for businesses handling biometric data.
Mr. Schwarz (the data subject), applied to the Stadt Bochum for a passport, however, refused to have his fingerprints taken. As a result, the local authorities rejected his application. The data subject challenged the validity of Article 1(2) Regulation No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States, which creates the obligation to take fingerprints of individuals applying for passports. In the proceedings before the referring court, the data subject argued, among other claims, that the provision infringes upon the right to the protection of personal data and private life, as protected in Article 7 and 8 of the Charter of Fundamental Rights of the European Union. The Court firstly affirmed that the taking and storage of fingerprints in passports is a threat to the abovementioned rights. Fingerprints constitute personal data as they contain unique information about individuals that allows for their precise identification. Moreover, the taking of fingerprints by national authorities and storage in the data subject’s passport classifies as the processing of personal data based on Article 2(b) Directive 95/46. However, the Court argued that this infringement is justified in accordance with Article 7(2) and Article 8(2) of the Charter of the European Union because the two rights are not absolute by virtue of Article 52(1) of the Charter of the European Union. The measure was provided for by law, namely, Article 1(2) Regulation No 2252/2004 and pursues objectives of general interest recognized by the Union—preventing the falsification of passports and fraudulent uses thereof, and illegal entry. In addition, the Court determined that the measure is proportionate to these aims for the following reasons: no effective alternative measures exist, specific safeguards are implemented to protect such data from being misused and abused, and it does not constitute as an operation of an i
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (0)
No other cases found for Michael Schwarz in EU
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
17 October 2013
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-6365About this data
Cite as: Cookie Fines. Michael Schwarz - European Union (2013). Retrieved from cookiefines.eu
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