Status Not cited by any decision here yet
Judgment
Full text
Furthermore, according to the Republic of Poland, the data concerned do not fall within the categories referred to in Article 9(1) of the GDPR, since the contested national provisions do not seek to have a judge disclose information relating to his or her political opinions or philosophical beliefs. Moreover, those national provisions do not contain any list of the types of affiliation to be mentioned and it is therefore necessary to assess, on a case-by-case basis, whether the obligation to declare applies, taking into account, inter alia, the limits governing interference with private life and, in particular, Article 53(7) of the Constitution, which prohibits public authorities from requiring disclosure of a person’s ‘world view’, beliefs or religion. In any event, for the reasons set out above by the Republic of Poland, those national provisions also satisfy the requirement of proportionality laid down in Article 9(2)(g) of the GDPR.