# C_2022472EN.01001001.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 472/10 |
| --- | --- | --- | --- |

12.12.2022

EN

Official Journal of the European Union

C 472/10

---

Judgment of the Court (First Chamber) of 20 October 2022 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Digi Távközlési és Szolgáltató Kft. v Nemzeti Adatvédelmi és Információszabadság Hatóság

(Case C-77/21) (1)

(Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 5(1)(b) and (e) - Principle of ‘purpose limitation’ - Principle of ‘storage limitation’ - Creation, from an existing database, of a database for carrying out tests and correcting errors - Further processing of data - Compatibility of further processing of those data with the purposes of the initial collection - Period of storage in the light of those purposes)

(2022/C 472/11)

Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings

Applicant: Digi Távközlési és Szolgáltató Kft.

Defendant: Nemzeti Adatvédelmi és Információszabadság Hatóság

Operative part of the judgment

| 1) | Article 5(1)(b) 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:
  the principle of ‘purpose limitation’, laid down in that provision, does not preclude the recording and storage by the controller, in a database set up for the purpose of testing and correcting errors, of personal data previously collected and stored in another database, where such further processing is compatible with the specific purposes for which the personal data were initially collected, which must be determined in the light of the criteria referred to in Article 6(4) of that regulation. |
| --- | --- |

1)

Article 5(1)(b) 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:

the principle of ‘purpose limitation’, laid down in that provision, does not preclude the recording and storage by the controller, in a database set up for the purpose of testing and correcting errors, of personal data previously collected and stored in another database, where such further processing is compatible with the specific purposes for which the personal data were initially collected, which must be determined in the light of the criteria referred to in Article 6(4) of that regulation.

| 2) | Article 5(1)(e) of Regulation 2016/679 must be interpreted as meaning that:
  the principle of ‘storage limitation’, laid down in that provision, precludes the storage by the controller, in a database set up for the purpose of testing and correcting errors, of personal data previously collected for other purposes for a period exceeding that necessary for carrying out those tests and correcting those errors. |
| --- | --- |

2)

Article 5(1)(e) of Regulation 2016/679 must be interpreted as meaning that:

the principle of ‘storage limitation’, laid down in that provision, precludes the storage by the controller, in a database set up for the purpose of testing and correcting errors, of personal data previously collected for other purposes for a period exceeding that necessary for carrying out those tests and correcting those errors.

---

(1)  OJ C 182, 10.5.2021

---