«(Directive 95/46/EC – Scope – Publication of personal data on the internet – Place of publication – Definition of transfer of personal data to third countries – Freedom of expression – Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State)»

1.. Approximation of laws – Directive 95/46 – Scope – Definition of processing of personal data wholly or partly by automatic means – Act of referring, on an internet page, to various persons and identifying them by name or by other means – Included – Exceptions – Activities of the State or of State authorities unrelated to the fields of activity of individuals – Activities carried out in the course of private or family life of individuals – Processing of personal data consisting in publication on the internet in the exercise of charitable or religious activities – Not included (Directive 95/46 of the European Parliament and of the Council, Art. 3(1) and Art. 2, first and second indents)

2.. Approximation of laws – Directive 95/46 – Scope – Definition of personal data concerning health – Reference to foot injury resulting in part-time sick leave – Included (Directive 95/46 of the European Parliament and of the Council, Art. 8(1))

3.. Approximation of laws – Directive 95/46 – Transfer of personal data to a third country – Definition – Loading of data on an internet page accessible to those with the technical means to access it, including those in third countries – Not included (Directive of the European Parliament and of the Council 95/46, Art. 25)

4.. Approximation of laws – Directive 95/46 – Respect for fundamental rights – Freedom of expression – Obligation of national authorities responsible for applying national legislation implementing the directive to ensure a fair balance between the rights and interests in question (European Convention for Human Rights, Art. 10; Directive of the European Parliament and of the Council 95/46)

5.. Approximation of laws – Directive 95/46 – National legislation for the protection of personal data – Need for consistency with provisions of directive and its objective – Possibility of a Member State's extending its scope to areas not included in the scope of the directive – Limits (Directive 95/46 of the Parliament and of the Council)

JUDGMENT OF THE COURT 6 November 2003 (1)

((Directive 95/46/EC – Scope – Publication of personal data on the internet – Place of publication – Definition of transfer of personal data to third countries – Freedom of expression – Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State))

In Case C-101/01,

REFERENCE to the Court under Article 234 EC by the Göta hovrätt (Sweden) for a preliminary ruling in the criminal proceedings before that court against

on, inter alia, the interpretation of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31),

THE COURT,,

composed of: P. Jann, President of the First Chamber, acting for the President, C.W.A. Timmermans, C. Gulmann, J.N. Cunha Rodrigues and A. Rosas (Presidents of Chambers), D.A.O. Edward (Rapporteur), J.-P. Puissochet, F. Macken and S. von Bahr, Judges,

Advocate General: A. Tizzano,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mrs Lindqvist, represented by S. Larsson, of the Swedish Government, represented by A. Kruse and B. Hernqvist, acting as Agents, of the Netherlands Government, represented by J. van Bakel, acting as Agent, of the United Kingdom Government, represented by J. Stratford, of the Commission, represented by L. Ström and C. Docksey, acting as Agent, and of the EFTA Surveillance Authority, represented by D. Sif Tynes, acting as Agent, at the hearing on 30 April 2002,

after hearing the Opinion of the Advocate General at the sitting on 19 September 2002,

gives the following

Community legislation

3. Paragraph 1 shall not apply where processing of the data is required for the purposes of preventive medicine, medical diagnosis, the provision of care or treatment or the management of health-care services, and where those data are processed by a health professional subject under national law or rules established by national competent bodies to the obligation of professional secrecy or by another person also subject to an equivalent obligation of secrecy.4. Subject to the provision of suitable safeguards, Member States may, for reasons of substantial public interest, lay down exemptions in addition to those laid down in paragraph 2 either by national law or by decision of the supervisory authority.5. Processing of data relating to offences, criminal convictions or security measures may be carried out only under the control of official authority, or if suitable specific safeguards are provided under national law, subject to derogations which may be granted by the Member State under national provisions providing suitable specific safeguards. However, a complete register of criminal convictions may be kept only under the control of official authority.Member States may provide that data relating to administrative sanctions or judgements in civil cases shall also be processed under the control of official authority.6. Derogations from paragraph 1 provided for in paragraphs 4 and 5 shall be notified to the Commission.7. Member States shall determine the conditions under which a national identification number or any other identifier of general application may be processed.

The national legislation

If the answer to either of those questions is yes, the hovrätt also asks the following questions:

Finally, the hovrätt asks the following question:

Observations submitted to the Court

Reply of the Court

Observations submitted to the Court

Reply of the Court

Observations submitted to the Court

Reply of the Court

Observations submitted to the Court

Reply of the Court

Observations submitted to the Court

Reply of the Court

On those grounds,

THE COURT,

in answer to the questions referred to it by the Göta hovrätt by order of 23 February 2001, hereby rules:

Jann

Timmermans

Gulmann

Cunha Rodrigues

Rosas

Edward

Puissochet

Macken

von Bahr

Delivered in open court in Luxembourg on 6 November 2003.

R. Grass

V. Skouris

Registrar

President