Referral C-394/23 (Mousse, 28 Jun 2023)

1. In order to assess whether data collection is adequate, relevant and limited to what is necessary, within the meaning of Article 5(1)(c) of the GDPR and the need for processing in accordance with Article 6(1)(b) and (f) of that regulation, may account be taken of commonly accepted practices in civil, commercial and administrative communications, with the result that the collection of data relating to customers’ civil titles, which is limited to ‘Mr’ or ‘Ms’, may be regarded as necessary, without this being precluded by the principle of data minimisation?

2. In order to assess the need for the compulsory collection and processing of data relating to customers’ civil titles, even though some customers consider that they do not come under either of the two civil titles and that the collection of such data is not relevant in their case, should account be taken of the fact that those customers may, after having provided those data to the data controller in order to benefit from the service offered, exercise their right to object to the use and storage of those data by relying on their particular situation, in accordance with Article 21 of the GDPR?