Case C-205/21: Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 31 March 2021 — Criminal proceedings against V. S.
Date: 2021-03-31
Institutions: Court of Justice
Subjects: biometrics, criminal proceedings, data protection, genetic database, offence, personal data, photograph, right to physical integrity, rights of the defence








C_2021252EN.01001101.xml










28.6.2021   


EN


Official Journal of the European Union


C 252/11






Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 31 March 2021 — Criminal proceedings against V. S.
(Case C-205/21)
(2021/C 252/16)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Applicant:

Ministerstvoto na vatreshnite raboti, Glavna direktsia za borba s organiziranata prestapnost

Accused:

V. S.

Questions referred







1.


Is Article 10 of Directive 2016/680 (1) effectively transposed into national law — Article 25(3) and Article 25a of Zakon za ministerstvo na vatreshnite raboti (Bulgarian Law on the Ministry of Interior) — by the inclusion of a reference to the similar provision in Article 9 of Regulation 2016/679? (2)











2.


Is the requirement set in Article 10(a) of Directive 2016/680 in conjunction with Article 52 and with Articles 3 and 8 of the Charter, that any limitation on integrity and protection of personal data must be provided for by law, fulfilled if contradictory national provisions exist in relation to the permissibility of processing of genetic and biometric data for the purposes of creating a police record?










3.


Is a national law, namely Article 68(4) of the Bulgarian Law on the Ministry of Interior, which provides for the obligation of the court of first instance to order the forced collection of personal data (taking photographs for the file, taking fingerprints, and taking samples in order to create a DNA profile), compatible with Article 6(a) of Directive 2016/680 in conjunction with Article 48 of the Charter, if a person who is charged with a premeditated criminal offence requiring public prosecution refuses to voluntarily cooperate in the collection of these personal data, without the court being able to assess whether there are serious grounds for believing that the person has committed the criminal offence with which he or she is charged?










4.


Is a national law, namely Article 68(1) to (3) of the Bulgarian Law on the Ministry of Interior, which provides, as a general rule, for the taking of photographs for the file, the taking of fingerprints, and the taking of samples in order to create a DNA profile for all persons who are charged with a premeditated criminal offence requiring public prosecution, compatible with Article 10, Article 4(1)(a) and (c), and Article 8(1) and (2) of Directive 2016/680?






(1)  Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ 2016 L 119, p. 89).

(2)  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).