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CJEU case Case C 312/24 Darashev – CJEU Judgment (European Union, 2025)
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 addressed a case involving a police officer whose data was improperly stored in his personnel file. The ruling is crucial because it examines how personal data should be handled in law enforcement contexts. It highlights the need for proper data management practices to protect individuals' rights.
What happened
The Court ruled on the legality of storing a police officer's data related to an investigation that did not lead to charges.
Who was affected
The police officer whose personal data was stored inappropriately by the Bulgarian Ministry of the Interior.
What the authority found
The Court examined the interplay between GDPR and the Law Enforcement Directive, focusing on the storage of data concerning individuals in law enforcement.
Why this matters
This ruling sets important precedents for how law enforcement agencies handle personal data, ensuring that individuals' rights are respected even in sensitive situations.
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Automated check recorded — 21 March 2026.
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The data subject is a police officer, holding various positions at the Internal Security directorate-general of the Bulgarian Ministry of the Interior (controller). In March 2016, investigative proceedings were commenced concerning an unknown offender in connection with an offence of theft. A few days later, the data subject was arrested and after being detained in police custody for 24 hours, he was released. Subsequently, he was neither placed under formal investigation nor charged, but he was the subject of several investigative measures, which in the course of 2016, were suspended without the offender having been identified. The controller stored the data about the criminal investigation on his personnel file, as provided by the ministerial instruction relating to personnel files, issued as a regulatory act pursuant to the statutory authorisation provided for in the Law on the Ministry of the Interior (ZMVR). The data subject continued his duties as a police officer and took part in selection procedures for promotion to other posts within the Ministry but he was rejected. The data subject brought an action before the Sofia District Court (Sofiyski rayonen sad) seeking compensation for non-material damage for the fact that he has not been promoted or transferred to other duties on account of his having been a suspect in the investigation. In addition, he asked that his name be erased from the database kept by the controller, in which he is mentioned as a suspect. In this context the court decided to stay the proceedings and to refer some questions to the CJEU for a preliminary ruling, regarding the interplay of the GDPR with the Law Enforcement Directive (LED), and more specifically regarding the storage of data concerning the official in his personnel file. The questions were combined and reformulated by the AG as follows: # whether Article 2(1) GDPR and Article 9(1) LED are to be interpreted as meaning that the GDPR applies to the storing, by a public autho
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 Case C 312/24 Darashev in EU
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
4 September 2025
Authority
Court of Justice of the European Union
About this data
Cite as: Cookie Fines. CJEU case Case C 312/24 Darashev - European Union (2025). Retrieved from cookiefines.eu
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