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Showing posts from November, 2025

CJEU Ruling C-57/23: Police May Rely on Internal Rules to Store Suspect Data

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Judgment of the Court of Justice in Case C-57/23 (Policejní prezidium): The police of a Member State may decide, on the basis of internal rules, whether it is ecessary to store the biometric and genetic data of a person accused or suspected of a criminal offence.  Where national law sets appropriate time limits for a review of the need to store those data, it does not necessarily need to provide for a maximum period of storage . A Czech public official was interviewed by the police in the context of criminal proceedings involving him. Despite his objections, the police ordered the taking of his fingerprints, the taking of a buccal smear on the basis of which the police established a genetic profile, the taking of photographs and the drawing up of a description of him. That information was entered into various databases.  In 2017, the public official was convicted by final judgment of, inter alia, misconduct in public office. In separate proceedings, he challenged the identific...

Judicial Workload and Compensation: EU Law Does Not Mandate Extra Pay for Covering Vacant Posts (CJEU)

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Judgment of the Court of Justice in Case C-272/24 (Tribunalul Galați) on 13.11.2025: A judge who carries out tasks which fall to a vacant post at his or her court, in addition to those within the remit of the post to which he or she has been appointed, is not necessarily entitled to financial compensation. The grant of a rest period to compensate for the additional work is, under certain conditions, an adequate measure. The Galați Regional Court (Romania) is understaffed due to various judicial posts remaining vacant. A judge who has been working at that court since 2017 took the view that, since 2019, he has performed not only the tasks associated with his own post, but also, in part, those tasks linked to vacant posts.  Being of the opinion that he has worked overtime, that judge requested that he be remunerated for it. Specifically, he brought legal proceedings to claim a share of the net salaries and allowances attached to the vacant posts, divided by the number of judges in ac...

ECHR Rules on Employee Data Privacy: The Guyvan v. Ukraine Judgment

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This case before the European Court of Human Rights (ECHR) primarily concerned a complaint under Article 8 (Right to respect for private and family life) of the European Convention on Human Rights, specifically regarding the processing of data from an applicant's work mobile telephone by his employer. Facts The applicant, was an employee whose work mobile phone was also used for private calls. In the context of an internal investigation related to the use of the phone, his employer, P. company, obtained detailed information from the mobile phone operator. This information included the date, time, and type of communication (incoming/outgoing), and details about international roaming services. The employer requested this data to verify the applicant's presence at his workplace. The applicant subsequently lodged a civil claim against the company, arguing that the collection and processing of his personal data were unlawful and requesting that the company be ordered to provid...