This document is an excerpt from the EUR-Lex website
Document 62021TJ0200
Judgment of the General Court (First Chamber) of 6 September 2023.
JS v European Data Protection Supervisor.
Law governing the institutions – Protection of personal data – Regulation (EU) 2018/1725 – Rejection of the complaint to the EDPS concerning the storage and processing of personal data by the SRB – Refusal of the request for review – Right to erasure – Right to object – Right to restriction of processing – Article 26 of the Staff Regulations – Principle of sound administration.
Case T-200/21.
Judgment of the General Court (First Chamber) of 6 September 2023.
JS v European Data Protection Supervisor.
Law governing the institutions – Protection of personal data – Regulation (EU) 2018/1725 – Rejection of the complaint to the EDPS concerning the storage and processing of personal data by the SRB – Refusal of the request for review – Right to erasure – Right to object – Right to restriction of processing – Article 26 of the Staff Regulations – Principle of sound administration.
Case T-200/21.
Court reports – general
ECLI identifier: ECLI:EU:T:2023:493
Judgment of the General Court (First Chamber) of 6 September 2023 –
JS v EDPS
(Case T‑200/21) ( 1 )
(Law governing the institutions – Protection of personal data – Regulation (EU) 2018/1725 – Rejection of the complaint to the EDPS concerning the storage and processing of personal data by the SRB – Refusal of the request for review – Right to erasure – Right to object – Right to restriction of processing – Article 26 of the Staff Regulations – Principle of sound administration)
1. |
EU institutions – Protection of natural persons with regard to the processing of personal data – Regulation 2018/1725 – Right to erasure of data – Exceptions – Processing necessary for compliance with a legal obligation incumbent on the controller – Obligation to store the personal file of an official – Included (European Parliament and Council Regulation 2018/1725, Arts 5(1)(b), 19(3)(b) and 23(1); Staff Regulations of Officials, Art. 26) (see paragraphs 74, 76-79, 81, 82) |
2. |
EU institutions – Protection of natural persons with regard to the processing of personal data – Regulation 2018/1725 – Decision of the European Data Protection Supervisor (EDPS) relating to an individual complaint – Request for review – Pleas not raised by the applicant in the complaint – Inadmissibility (European Parliament and Council Regulation 2018/1725, Art. 57(1)(e)) (see paragraphs 85-92, 111, 112, 114) |
3. |
EU law – Principles – Principle of sound administration – Duty of diligence – Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see paragraph 98) |
4. |
Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Cumulative conditions – One of the conditions not satisfied – Action for damages dismissed in its entirety (Art. 340, second para., TFEU) (see paragraph 122) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders JS to pay the costs. |
( 1 ) OJ C 217, 7.6.2021.