# C_2019280EN.01002502.xml

| 19.8.2019 | EN | Official Journal of the European Union | C 280/25 |
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19.8.2019

EN

Official Journal of the European Union

C 280/25

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Request for a preliminary ruling from the Satversmes tiesa (Latvia) lodged on 11 June 2019 — B v Latvijas Republikas Saeima

(Case C-439/19)

(2019/C 280/34)

Language of the case: Latvian

Referring court

Satversmes tiesa

Parties to the main proceedings

Applicant: B

Defendant: Latvijas Republikas Saeima

Questions referred

| 1. | Must the expression ‘[p]rocessing of personal data relating to criminal convictions and offences or related security measures’, used in Article 10 of Regulation 2016/679, (1) be interpreted as meaning that it includes the processing of information relating to penalty points recorded against drivers for motoring offences as provided for in the provision at issue? |
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1.

Must the expression ‘[p]rocessing of personal data relating to criminal convictions and offences or related security measures’, used in Article 10 of Regulation 2016/679, (1) be interpreted as meaning that it includes the processing of information relating to penalty points recorded against drivers for motoring offences as provided for in the provision at issue?

| 2. | Irrespective of the answer to the first question, can the provisions of Regulation 2016/679, in particular the principle of ‘integrity and confidentiality’ referred to in Article 5(1)(f) thereof, be interpreted as meaning that they prohibit Member States from stipulating that information relating to penalty points recorded against drivers for motoring offences falls within the public domain and from allowing such data to be processed by being communicated? |
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2.

Irrespective of the answer to the first question, can the provisions of Regulation 2016/679, in particular the principle of ‘integrity and confidentiality’ referred to in Article 5(1)(f) thereof, be interpreted as meaning that they prohibit Member States from stipulating that information relating to penalty points recorded against drivers for motoring offences falls within the public domain and from allowing such data to be processed by being communicated?

| 3. | Must recitals 50 and 154 and Articles 5(1)(b) and 10 of Regulation 2016/679 and Article 1(2)(cc) of Directive 2003/98/EC (2) be interpreted as meaning that they preclude legislation of a Member State which allows information relating to penalty points recorded against drivers for motoring offences to be transmitted for the purposes of re-use? |
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3.

Must recitals 50 and 154 and Articles 5(1)(b) and 10 of Regulation 2016/679 and Article 1(2)(cc) of Directive 2003/98/EC (2) be interpreted as meaning that they preclude legislation of a Member State which allows information relating to penalty points recorded against drivers for motoring offences to be transmitted for the purposes of re-use?

| 4. | If any of the foregoing questions is answered in the affirmative, must the principle of the primacy of EU law and the principle of legal certainty be interpreted as meaning that it might be permissible to apply the provision at issue and maintain its legal effects until such time as the decision ultimately adopted by the Constitutional Court becomes final? |
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4.

If any of the foregoing questions is answered in the affirmative, must the principle of the primacy of EU law and the principle of legal certainty be interpreted as meaning that it might be permissible to apply the provision at issue and maintain its legal effects until such time as the decision ultimately adopted by the Constitutional Court becomes final?

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(1)  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) (OJ 2016 L 119, p. 1).

(2)  Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90).

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