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CJEU case C-118/22 Direktor na Glavna direktsia ‘Natsionalna politsia’ pri MVR – Sofia – CJEU Judgment (European Union, 2024)

CJEU Judgment
Court of Justice of the European Union30 January 2024European 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 ruled that national laws cannot allow police to process personal data indefinitely without a valid reason. This decision is important because it protects individuals' rights to have their data erased when they are legally rehabilitated.

What happened

The CJEU ruled that police cannot keep personal data indefinitely without a valid legal basis.

Who was affected

Individuals who have been convicted and later legally rehabilitated, seeking to erase their police records.

What the authority found

The Court held that national legislation must comply with EU data protection laws, which do not permit indefinite data processing by the police.

Why this matters

This ruling reinforces the rights of individuals regarding their personal data and sets a precedent for how long authorities can retain such information. It encourages other countries to align their laws with EU standards.

Recorded legal citations
Automatically processed
Art. 17 GDPR
Art. 5(1)(e) GDPR
View original scraped data
Art. 5(1)(e) GDPR
Art. 17(GDPR)

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

Decision AuthorityCJEU
Reviewed AuthoritySupreme Administrative Court of Bulgaria

Source checks

Secondary-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

Following an investigation, an entry was made into the police records about a data subject. The data subject was convicted and given a one year suspended sentence. After serving the sentence the data subject was legally rehabilitated according to national law. Due to this, the data subject requested the erasure of the entry concerning him in the police records. The police (the controller) refused on the grounds that legal rehabilitation is not one of the grounds for erasure in the police records under national law. The administrative court of Sofia in Bulgaria upheld the police's decision. Therefore, the data subject brought an appeal before the Supreme Administrative Court, Bulgaria. The data subject argued that Article 5,13 and 14 LED (the roughly equivalent GDPR articles would be Article 5(1)(e), 13 and 15 GDPR) do not permit the police to indefinitely process his data. This is de facto the data subject's current case, as without a ground for removal, they will never be able to obtain erasure from the police register. The Supreme Administrative Court, Bulgaria referred the following question to the CJEU: 1) Does Article 5 and 13(2)(b) and 13(3) LED allow national law which leads to a virtually unrestricted right for authorities to process personal data and does this allow for the elimination of the data subject's right to restricted processing or erasure? The CJEU held that the LED precluded national legislation and does not allow the police to process the data indiscriminately until the data subject's death. First, the CJEU broadened the question that was being referred to it by reformulating it (as is allowed under C-742/19 Ministrtsvo za obramo). It included into the scope of the question special categories of data, as the national legislation on storage also includes biometric and genetic data. It also broadened the relevant LED Articles in question to include 4(1)(c) and (e), 10, 16(2) and (3). The question was therefore, whether these articles preclude

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 CJEU case C-118/22 Direktor na Glavna direktsia ‘Natsionalna politsia’ pri MVR – Sofia in EU

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

Details

Judgment Date

30 January 2024

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. CJEU case C-118/22 Direktor na Glavna direktsia ‘Natsionalna politsia’ pri MVR – Sofia - European Union (2024). Retrieved from cookiefines.eu

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