# C_2023179EN.01000201.xml

| 22.5.2023 | EN | Official Journal of the European Union | C 179/2 |
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22.5.2023

EN

Official Journal of the European Union

C 179/2

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Judgment of the Court (First Chamber) of 30 March 2023 (request for a preliminary ruling from the Verwaltungsgericht Wiesbaden — Germany) — Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium v Minister des Hessischen Kultusministeriums

(Case C-34/21, (1) Hauptpersonalrat der Lehrerinnen und Lehrer)

(Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Article 88(1) and (2) - Processing of data in the employment context - Regional school system - Teaching by videoconference as a result of the COVID-19 pandemic - Implementation without the express consent of the teachers)

(2023/C 179/02)

Language of the case: German

Referring court

Verwaltungsgericht Wiesbaden

Parties to the main proceedings

Applicant: Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium

Defendant: Minister des Hessischen Kultusministeriums

Operative part of the judgment

| 1. | Article 88 of 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)
  must be interpreted as meaning that national legislation cannot constitute a ‘more specific rule’, within the meaning of paragraph 1 of that article, where it does not satisfy the conditions laid down in paragraph 2 of that article. |
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1.

Article 88 of 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)

must be interpreted as meaning that national legislation cannot constitute a ‘more specific rule’, within the meaning of paragraph 1 of that article, where it does not satisfy the conditions laid down in paragraph 2 of that article.

| 2. | Article 88(1) and (2) of Regulation 2016/679
  must be interpreted as meaning that the application of national provisions adopted to ensure the protection of employees’ rights and freedoms in respect of the processing of their personal data in the employment context must be disregarded where those provisions do not comply with the conditions and limits laid down in Article 88(1) and (2), unless those provisions constitute a legal basis referred to in Article 6(3) of that regulation, which complies with the requirements laid down by that regulation. |
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2.

Article 88(1) and (2) of Regulation 2016/679

must be interpreted as meaning that the application of national provisions adopted to ensure the protection of employees’ rights and freedoms in respect of the processing of their personal data in the employment context must be disregarded where those provisions do not comply with the conditions and limits laid down in Article 88(1) and (2), unless those provisions constitute a legal basis referred to in Article 6(3) of that regulation, which complies with the requirements laid down by that regulation.

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(1)  OJ C 98, 22.3.2021.

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