Case C-342/12: Judgment of the Court (Third Chamber) of 30 May 2013 (request for a preliminary ruling from the Tribunal do trabalho de Viseu — Portugal) — Worten — Equipamentos para o Lar SA v Autoridade para as Condições de Trabalho (ACT) (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)
Date: 2013-05-30
Institutions: Court of Justice
Subjects: Portugal, data processing, interpretation of the law, personal data, working conditions, working time








C_2013225EN.01003701.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/37





Judgment of the Court (Third Chamber) of 30 May 2013 (request for a preliminary ruling from the Tribunal do trabalho de Viseu — Portugal) — Worten — Equipamentos para o Lar SA v Autoridade para as Condições de Trabalho (ACT)
(Case C-342/12) (1)

(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)
2013/C 225/63
Language of the case: Portuguese

Referring court

Tribunal do trabalho de Viseu

Parties to the main proceedings


Applicant: Worten — Equipamentos para o Lar SA

Defendant: Autoridade para as Condições de Trabalho (ACT)

Re:

Request for a preliminary ruling — Tribunal do Trabalho de Viseu — Interpretation of Article 2 and Article 17(1) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31) — Concept of personal data — Data registered in a system recording the working time of workers of a company

Operative part of the judgment







1.


Article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is to be interpreted as meaning that a record of working time, such as that at issue in the main proceedings, which indicates, in relation to each worker, the times when working hours begin and end, as well as the corresponding breaks and intervals, is included within the concept of ‘personal data’, within the meaning of that provision.










2.


Article 6(1)(b) and (c) and Article 7(c) and (e) of Directive 95/46 do not preclude national legislation, such as that at issue in the main proceedings, 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.






(1)  OJ C 295, 29.9.2012.