# C_2023329EN.01001101.xml

| 18.9.2023 | EN | Official Journal of the European Union | C 329/11 |
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18.9.2023

EN

Official Journal of the European Union

C 329/11

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 28 June 2023 — Association Mousse v Commission nationale de l’informatique et des libertés (CNIL), SNCF Connect

(Case C-394/23, Mousse)

(2023/C 329/14)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Association Mousse

Defendants: Commission nationale de l’informatique et des libertés (CNIL), SNCF Connect

Questions referred

| 1. | In order to assess whether data collection is adequate, relevant and limited to what is necessary, within the meaning of Article 5(1)(c) of the GDPR (1) and the need for processing in accordance with Article 6(1)(b) and (f) of that regulation, may account be taken of commonly accepted practices in civil, commercial and administrative communications, with the result that the collection of data relating to customers’ civil titles, which is limited to ‘Mr’ or ‘Ms’, may be regarded as necessary, without this being precluded by the principle of data minimisation? |
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1.

In order to assess whether data collection is adequate, relevant and limited to what is necessary, within the meaning of Article 5(1)(c) of the GDPR (1) and the need for processing in accordance with Article 6(1)(b) and (f) of that regulation, may account be taken of commonly accepted practices in civil, commercial and administrative communications, with the result that the collection of data relating to customers’ civil titles, which is limited to ‘Mr’ or ‘Ms’, may be regarded as necessary, without this being precluded by the principle of data minimisation?

| 2. | In order to assess the need for the compulsory collection and processing of data relating to customers’ civil titles, even though some customers consider that they do not come under either of the two civil titles and that the collection of such data is not relevant in their case, should account be taken of the fact that those customers may, after having provided those data to the data controller in order to benefit from the service offered, exercise their right to object to the use and storage of those data by relying on their particular situation, in accordance with Article 21 of the GDPR? |
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2.

In order to assess the need for the compulsory collection and processing of data relating to customers’ civil titles, even though some customers consider that they do not come under either of the two civil titles and that the collection of such data is not relevant in their case, should account be taken of the fact that those customers may, after having provided those data to the data controller in order to benefit from the service offered, exercise their right to object to the use and storage of those data by relying on their particular situation, in accordance with Article 21 of the GDPR?

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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).

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