Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) made on 7 November 2018 — SY v Associated Newspapers Ltd

(Case C-687/18)

(2019/C 25/34)

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Applicant: SY

Defendant: Associated Newspapers Ltd

Question referred

Are provisions of national law such as subsections 32(4) and (5) of the Data Protection Act 1998 (‘the DPA’) — which provide that, where a data controller claims that any personal data to which proceedings against that data controller relate are being processed: (i) only for the purposes of journalism, artistic purposes, or literary purposes; and (ii) with a view to the publication of journalistic, literary or artistic material which has not previously been published by the data controller, such proceedings shall be stayed insofar as they concern unpublished personal data until (a) a determination by the Information Commissioner that conditions (i) or (ii) are not fulfilled, (b) the data controller's claim is withdrawn or (c) the personal data are published — compatible with Articles 9, 22 and 23 of Directive 95/46/EC (1) and Articles 7, 8 and 47 of the Charter of Fundamental Rights?

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(1)  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 (OJ 1995, L 281, p. 31).