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Tietosuojavaltuutettu, Case C-25/17, CJEU (Grand Chamber), 10 July 2018

Abstract

Door-to-door preaching by the community of Jehovah's Witnesses and processing of personal data.

Normative references

Art. 10 EUCFR  
Art. 8 EUCFR 

Ruling

1. Article 2, letter d), of Directive 95/46 (on definition of “controller” of the personal data) shall be read in light of Article 10 of the Charter of Fundamental Rights (Freedom of thought, conscience and religion). 

2. A religious community is a controller of personal data, jointly with its members who engage in door-to-door preaching, organized, coordinated and encouraged by that community, without it being necessary that the community has access to those data, or to establish that that community has given its members written guidelines or instructions in relation to the data processing.
(The request for a preliminary ruling was brought by the Finnish Supreme Administrative Court, concerning a decision delivered by the Finnish Data Protection Supervisor, prohibiting the Jehovah’s Witnesses religious community from collecting or processing personal data in the course of their door-to-door preaching, unless the requirements of Finnish legislation relating to the processing of personal data are observed).