IP case law Court of Justice

Referral C-180/21 (Inspektor v Inspektorata kam Visshia sadeben savet, 23 Mar 2021)



1. Is Article 1(1) of [Directive 2016/680] to be interpreted as meaning that, when stating the objectives of that directive, the terms ‘prevention, investigation, detection or prosecution of criminal offences’ are listed as aspects of a general objective?
2. Are the provisions of [Regulation 2016/679] applicable to the Public Prosecutor’s Office of the Republic of Bulgaria in view of the fact that information concerning a person, which was collected by the Public Prosecutor’s Office, in its capacity as ‘controller’ pursuant to point 8 of Article 3 of [Directive 2016/680], in an investigation file opened in relation to that person with a view to verifying indications of a criminal offence, was used in the context of the judicial defence of the Public Prosecutor’s Office as a party to civil proceedings – by virtue of the fact that the circumstance of that file having been opened was revealed or that the contents of the file were presented?
2.1 If that question is answered in the affirmative:
Is the expression ‘legitimate interests’ in Article 6(1)(f) of [Regulation 2016/679] to be interpreted as including the disclosure, in whole or in part, of information concerning a person which has been collected in a public prosecution investigation file opened in relation to that person for the purposes of the prevention, investigation, detection or prosecution of criminal offences, in the case where that disclosure is carried out for the purposes of the defence of the controller as a party to civil proceedings, and does that expression exclude the consent of the data subject?


Case details on the CJEU website (external link)


Disclaimer