# C_2014261EN.01001101.xml

| 11.8.2014 | EN | Official Journal of the European Union | C 261/11 |
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11.8.2014

EN

Official Journal of the European Union

C 261/11

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Order of the Court (Eighth Chamber) of 19 June 2014 (request for a preliminary ruling from the Tribunal do Trabalho da Covilhã — Portugal) — Pharmacontinente-Saúde e Higiene SA and Others v Autoridade Para As Condições do Trabalho (ACT)

(Case C-683/13) (1)

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(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Processing of personal data - Directive 95/46/EC - Article 2 - Concept of ‘personal data’ - Articles 6 and 7 - Principles relating to data quality and criteria for making data processing legitimate - Article 17 - Security of processing - Working time - Record of working time - Access by the national authority responsible for monitoring working conditions - Employer’s obligation to make available the record of working time so as to allow its immediate consultation)

2014/C 261/18

Language of the case: Portuguese

Referring court

Referring court

Tribunal do Trabalho da Covilhã (Labour Court, Covilhã)

Parties to the main proceedings

Parties to the main proceedings

Applicants: Pharmacontinente-Saúde e Higiene SA, Domingos Sequeira de Almeida, Luis Mesquita Soares Moutinho, Rui Teixeira Soares de Almeida, André de Carvalho e Sousa

Applicants:

Defendant: Autoridade Para As Condições do Trabalho (ACT)

Defendant:

Operative part of the order

Operative part of the order

| 1. | Article 2(a) of 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 is to be interpreted as meaning that a record of working time, such as that at issue in the main proceedings, which indicates, in relation to each worker, the times when working hours begin and end, as well as the corresponding breaks and intervals, is covered by the concept of ‘personal data’ as referred to in that provision. |
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Article 2(a) of 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 is to be interpreted as meaning that a record of working time, such as that at issue in the main proceedings, which indicates, in relation to each worker, the times when working hours begin and end, as well as the corresponding breaks and intervals, is covered by the concept of ‘personal data’ as referred to in that provision.

| 2. | Article 6(1)(b) and (c) and Article 7(c) and (e) of Directive 95/46 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which requires an employer to make the record of working time available to the national authority responsible for monitoring working conditions so as to allow its immediate consultation, provided that this obligation is necessary for the purposes of the performance by that authority of its task of monitoring the application of the legislation relating to working conditions, in particular as regards working time. |
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Article 6(1)(b) and (c) and Article 7(c) and (e) of Directive 95/46 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which requires an employer to make the record of working time available to the national authority responsible for monitoring working conditions so as to allow its immediate consultation, provided that this obligation is necessary for the purposes of the performance by that authority of its task of monitoring the application of the legislation relating to working conditions, in particular as regards working time.

| 3. | It is for the referring court to determine whether the employer’s obligation to provide the national authority responsible for monitoring working conditions access to the record of working time so as to allow its immediate consultation may be considered necessary for the purposes of the performance by that authority of its monitoring task, by contributing to the more effective application of the legislation relating to working conditions, in particular as regards working time, and, if so, whether the penalties imposed with a view to ensuring the effective application of the requirements laid down by Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003, concerning certain aspects of the organisation of working time, are consistent with the principle of proportionality. |
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3.

It is for the referring court to determine whether the employer’s obligation to provide the national authority responsible for monitoring working conditions access to the record of working time so as to allow its immediate consultation may be considered necessary for the purposes of the performance by that authority of its monitoring task, by contributing to the more effective application of the legislation relating to working conditions, in particular as regards working time, and, if so, whether the penalties imposed with a view to ensuring the effective application of the requirements laid down by Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003, concerning certain aspects of the organisation of working time, are consistent with the principle of proportionality.

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(1)  OJ C 52, 22.2.2014.

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