Referral C-199/24 (Garrapatica, 13 Mar 2024)

Does Article 85(1) of the GDPR 1 make it possible for the Member States to adopt legislative measures in addition to those which they must adopt under Article 85(2) of the regulation relating to the processing of personal data for purposes other than journalistic ones or the purposes of academic, artistic or literary expression?

If the previous question is answered in the affirmative: Does Article 85(1) of the GDPR allow a reconciliation of the right to the protection of personal data pursuant to that regulation with the freedom of expression and of information which means that the only legal remedy available to a person whose personal data are processed by making criminal convictions involving that person available to the public on the internet in return for payment is the initiation of criminal proceedings for defamation or the claiming of damages for defamation?

If the first question is answered in the negative or the second question is answered in the negative: Can an activity which consists of making available to the public on the internet in return for payment, without any processing or editing, public documents in the form of criminal convictions constitute processing of personal data for the purposes set out in Article 85(2) of the GDPR?