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Bodil Lindqvist, Case C-101/01, CJEU, 6 November 2003

Abstract

Publication of personal data on a web page in respect to volunteering and religious activities. Protection of personal data and socially relevant activities.

Normative references

Art. 8 EUCFR  
Art. 10 EUCFR  
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (now repealed by GDPR 2016)
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)

Ruling

1. The references, published on a web page, to the name, telephone number, working conditions, and hobbies of several persons constitute “processing of personal data, fully or partially automated”, pursuant to EU law. 

2. Directive 95/46 (subsequently repealed), relating to the protection of individuals with regard to the processing of personal data and on the free movement of such data, therefore, applies fully. 

3. This processing of personal data does not fall under any of the exceptions provided for in Art. 3, c. 2, of the Directive, even if it is carried out for the exercise of volunteering or religious activities.
(Request for a preliminary ruling made by the Court of Appeal of Göta, Sweden (Göta hovrätt) in the criminal proceedings pending against Bodil Lindqvist, accused of having violated the Swedish legislation on the protection of personal data. She published on a website some personal data concerning a number of people who worked, like her, as volunteers in a parish of the Protestant Church of Sweden).