Article 7 - Respect for private and family life
Article 8 - Protection of personal data
Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Request for a preliminary ruling from the Hof van beroep te Brussel. Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Cross-border processing of personal data – ‘One-stop shop’ mechanism – Sincere and effective cooperation between supervisory authorities – Competences and powers – Power to initiate or engage in legal proceedings.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
1) This request for a preliminary ruling concerns the interpretation of Article 55(1), Articles 56 to 58 and Articles 60 to 66 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1, and corrigendum OJ 2018 L 127, p. 2), read together with Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
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42) In those circumstances, the hof van beroep te Brussel (Court of Appeal, Brussels) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:
43) By its first question, the referring court seeks, in essence, to ascertain whether Article 55(1), Articles 56 to 58 and Articles 60 to 66 of Regulation 2016/679, read together with Articles 7, 8 and 47 of the Charter, must be interpreted as meaning that a supervisory authority of a Member State which, under the national legislation adopted in order to implement Article 58(5) of that regulation, has the power to bring any alleged infringement of that regulation to the attention of a court of that Member State and, where necessary, to initiate or engage in legal proceedings, may exercise that power with respect to cross-border data processing even though it is not the ‘lead supervisory authority’, within the meaning of Article 56(1) of that regulation, in relation to such data processing.
44) In that regard, it must recalled, as a preliminary point, that, first, unlike Directive 95/46, which had been adopted on the basis of Article 100 A of the EC Treaty, concerning the harmonisation of the common market, the legal basis of Regulation 2016/679 is Article 16 TFEU, which enshrines the right of everyone to the protection of personal data concerning them and authorises the European Parliament and the Council of the European Union to lay down the rules relating to the protection of individuals with regard to the processing of that data by European Union institutions, bodies, offices and agencies, and by the Member States, when carrying out activities which fall within the scope of EU law, and the rules relating to the free movement of such data. Second, recital 1 of that regulation confirms that ‘the protection of natural persons in relation to the processing of personal data is a fundamental right’ and states that Article 8(1) of the Charter and Article 16(1) TFEU lay down the right of everyone to the protection of personal data concerning them.
45) Consequently, as is clear from its Article 1(2), read together with recitals 10, 11 and 13 thereof, Regulation 2016/679 requires the European Union institutions, bodies, offices and agencies, and the competent authorities of the Member States, to ensure a high level of protection of the rights guaranteed in Article 16 TFEU and Article 8 of the Charter.
46) Further, as stated in its recital 4, Regulation 2016/679 respects all fundamental rights and observes the freedoms and principles recognised in the Charter.
66) Contrary to what is claimed by the DPA, the fact that a supervisory authority of a Member State which is not the lead supervisory authority may exercise the power laid down in Article 58(5) of Regulation 2016/679 only when that exercise complies with the rules on the allocation of competences to adopt decisions laid down, in particular, in Articles 55 and 56 of that regulation, read together with Article 60 thereof, is compatible with Articles 7, 8 and 47 of the Charter.
67) First, as regards the argument concerning an alleged breach of Articles 7 and 8 of the Charter, it must be recalled that Article 7 guarantees that everyone has the right to respect for his or her private and family life, home and communications, whereas Article 8(1) of the Charter, like Article 16(1) TFEU, expressly recognises that everyone has the right to the protection of personal data concerning him or her. It is clear, in particular, from Article 51(1) of Regulation 2016/679 that the supervisory authorities are responsible for monitoring the application of that regulation, for the purpose, inter alia, of protecting the fundamental rights of natural persons as regards the processing of their personal data. It follows that, in line with what has been said in paragraph 45 of the present judgment, the rules on the allocation of competences to adopt decisions between the lead supervisory authority and the other supervisory authorities, as laid down by that regulation, take nothing away from the responsibility incumbent on each of those authorities to contribute to a high level of protection of those rights, with due regard to those rules and to the requirements of cooperation and mutual assistance mentioned in paragraph 52 of the present judgment.
69) Second, as regards the argument concerning the alleged breach of the right to an effective remedy, guaranteed in Article 47 of the Charter, that argument cannot be accepted either. The manner in which, as set out in paragraphs 64 and 65 of the present judgment, the possibility that a supervisory authority other than the lead supervisory authority may exercise the power laid down in Article 58(5) of Regulation 2016/679, with respect to an instance of cross-border processing of personal data, is circumscribed takes nothing away from the right of every data subject, laid down in Article 78(1) and (2) of that regulation, to an effective legal remedy, in particular, against a legally binding decision of a supervisory authority concerning him or her, or against a failure by the supervisory authority which has the competence to adopt decisions under Articles 55 and 56 of that regulation, read together with Article 60 thereof, to handle a complaint that that data subject has lodged.
75) In the light of all the foregoing, the answer to the first question referred is that Article 55(1), Articles 56 to 58 and Articles 60 to 66 of Regulation 2016/679, read together with Articles 7, 8 and 47 of the Charter, must be interpreted as meaning that a supervisory authority of a Member State which, under the national legislation adopted in order to transpose Article 58(5) of that regulation, has the power to bring any alleged infringement of that regulation to the attention of a court of that Member State and, where necessary, to initiate or engage in legal proceedings, may exercise that power in relation to an instance of cross‑border data processing even though it is not the ‘lead supervisory authority’, within the meaning of Article 56(1) of that regulation, with respect to that data processing, provided that that power is exercised in one of the situations where that regulation confers on that supervisory authority a competence to adopt a decision finding that such processing is in breach of the rules contained in that regulation, and that the cooperation and consistency procedures laid down by that regulation are respected.