CJEU - C-280/22 - Kinderrechtencoalitie Vlaanderen and Liga voor Mensenrechten v Belgian State
| CJEU - C-280/22 Kinderrechtencoalitie Vlaanderen and Liga voor Mensenrechten v Belgian State | |
|---|---|
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| Court: | CJEU |
| Jurisdiction: | European Union |
| Relevant Law: | Article 1 GDPR Article 2 GDPR Article 3 GDPR Article 4 GDPR Article 5 GDPR Article 6 GDPR Article 9 GDPR Article 25 GDPR Article 32 GDPR Article 35 GDPR Article 36 GDPR Article 1, 2, 3, 4, 5, 10, 28 and 42 of Regulation (EU) 2018/1725 Article 1, 2, 3, 4, 8, 9, 10, 27 and 28 of Directive (EU) 2016/680 Article 16 and 21 TFEU Article 3(5), 3(6) and 14 of Regulation (EU) 2019/1157 Article 7, 8 and 52 of the Charter |
| Decided: | |
| Parties: | Kinderrechtencoalitie Vlaanderen and Liga voor Mensenrechten Belgian State |
| Case Number/Name: | C-280/22 Kinderrechtencoalitie Vlaanderen and Liga voor Mensenrechten v Belgian State |
| European Case Law Identifier: | |
| Reference from: | RvS A. 230.268/X-17.674 |
| Language: | 24 EU Languages |
| Original Source: | Judgement |
| Initial Contributor: | Jette |
The Belgian Council of State asked the CJEU for a preliminary ruling on the lawfulness of rules imposing mandatory fingerprinting of children for identification cards and residence documents.
English Summary
Facts
Regulation (EU) 2019/1157 'on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement'[1] provides that the identity card must contain a storage medium meeting the highest security requirements and containing (1) a facial image and (2) two fingerprint images of the holder of the card, in a digital format.
The Act of 25 November 2018 'on various provisions relating to the National Registor and population registers' amends the Act of 19 July 1991 to comply with Regulation (EU) 2019/1157. More specifically, under the new framework, the identity card also contains (1) the digital image of the fingerprints of the index finger of the left and right hand of the holder or, in the case of invalidity or incapacity, of another finger of each hand.
In the proceedings before the Belgian Council of State, the Kinderrechtencoalitie Vlaanderen and Liga voor Mensenrechten (the applicants) critisised the Royal Decree. They stated that even though the Decree is based on Regulation (EU) 2019/1157 and the Act of 25 November 2018, the latter does not constitute a proper and legal basis for it. They argue that both Regulation and Article 6 of the Act constitute a disproportionate interference 'with the right to data protection' because it does not guarantee the integrity and confidentiality of fingerprint data processed.
In view of the foregoing, the applicants requested the Council to refer questions to the CJEU for a preliminary ruling, which the Council did.
Holding
Questions referred:
Are Article 3(5) and (6) and Article 14 of Regulation (EU) 2019/1157,[1] read in conjunction with Commission Implementing Decision C(2018) 7767 of 30 November 2018,[2] valid and compatible with Article 16 TFEU and – as regards Article 3(5) and (6) – with Article 21 TFEU, as well as with Articles 7, 8 and 52 of the Charter of Fundamental Rights of the European Union,[3] in conjunction with:
- Articles 1, 2, 3, 4, 5, 6, 9, 25, 32, 35 and 36 of the GDPR,
- Articles 1, 2, 3, 4, 8, 9, 10, 27 and 28 of Directive (EU) 2016/680,[4]
- Articles 1, 2, 3, 4, 5, 10, 28 and 42 of Regulation (EU) 2018/1725,[5]
in so far as Article 3(5) and (6) of Regulation (EU) 2019/1157 requires two fingerprints of the holder of the card to be stored in interoperable digital formats on a storage medium included on the identity card,
and in so far as Article 3(5) and (6) and Article 14 of Regulation (EU) 2019/1157, read in conjunction with Annex III to the aforementioned Commission Implementing Decision C(2018) 7767 of 30 November 2018, require the fingerprint data on the identity cards and residence documents referred to in points (a) and (c) of Article 2 of that regulation to be stored in the form of a digital image of the fingerprints on an electronic microprocessor chip which uses RFID and can be read wirelessly/in contactless form?
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- ↑ 1.0 1.1 Regulation of the European Parliament and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
- ↑ Decision of 30 November 2018 laying down the technical specifications for the uniform format for residence permits for third country nationals and repealing Decision C(2002)3069.
- ↑ The Charter of Fundamental Rights of the European Union.
- ↑ Directive 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
- ↑ Regulation of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
