Case C-342/12

Worten — Equipamentos para o Lar SA

v

Autoridade para as Condições de Trabalho (ACT)

(Request for a preliminary ruling from the Tribunal do Trabalho de Viseu)

‛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’

Summary — Judgment of the Court (Third Chamber), 30 May 2013

Approximation of laws — Protection of individuals with regard to the processing of personal data — Directive 95/46 — Scope — Concept of ‘personal data’ — Record of working time indicating, in relation to each worker, the times when working hours begin and end, as well as the corresponding breaks and intervals — Included (European Parliament and Council Directive 95/46, Art. 2(a)) Questions referred for a preliminary ruling — Jurisdiction of the Court — Identification of relevant EU law — Reformulation of the questions (Art. 267 TFEU) Approximation of laws — Protection of individuals with regard to the processing of personal data — Directive 95/46 — National legislation 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 — Lawfulness — Condition — Whether that obligation is necessary (European Parliament and Council Directive 95/46, Arts 6(1)(b) and (c) and 7(c) and (e))

Article 2(a) of Directive 95/46 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that a record of working time containing the indication, in relation to each worker, of the times when working hours begin and end, as well as the corresponding breaks and intervals, constitutes ‘personal data’, within the meaning of that provision. (see para. 22, operative part 1) See the text of the decision. (see paras 30, 31) Article 6(1)(b) and (c) and Article 7(c) and (e) of Directive 95/46 on the protection of individuals with regard to the processing of personal data and on the free movement of such data do not preclude national legislation 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. (see para. 45, operative part 2)

Case C-342/12

Worten — Equipamentos para o Lar SA

v

Autoridade para as Condições de Trabalho (ACT)

(Request for a preliminary ruling from the Tribunal do Trabalho de Viseu)

‛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’

Summary — Judgment of the Court (Third Chamber), 30 May 2013

Approximation of laws — Protection of individuals with regard to the processing of personal data — Directive 95/46 — Scope — Concept of ‘personal data’ — Record of working time indicating, in relation to each worker, the times when working hours begin and end, as well as the corresponding breaks and intervals — Included (European Parliament and Council Directive 95/46, Art. 2(a)) Questions referred for a preliminary ruling — Jurisdiction of the Court — Identification of relevant EU law — Reformulation of the questions (Art. 267 TFEU) Approximation of laws — Protection of individuals with regard to the processing of personal data — Directive 95/46 — National legislation 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 — Lawfulness — Condition — Whether that obligation is necessary (European Parliament and Council Directive 95/46, Arts 6(1)(b) and (c) and 7(c) and (e))